EPA v. Metropolitan Bus Authority of Puerto Rico et al.

Case summary

The Defendant maintains a mass transportation system in the San Juan, metropolitan area. Among its facilities, the Defendant operates the Central facility where it provides maintenance services and preventive maintenance and mechanic services to its fleet of buses and other vehicles. The Central Facility, located in San Juan, Puerto Rico, was the location of RCRA violations. Defendants committed the following violations in their generation and management of hazardous wastes (including universal waste): 1) stored hazardous waste without a permit; 2) failed to make hazardous waste determinations; 3) operated the facility in a manner which failed to minimize releases of hazardous waste and hazardous waste constituents; 4) violated used oil labeling requirements; 5) violated used oil storage and remediation requirements; 6) failed to have a Contingency Plan for the facility; 7) failed to comply with the preparedness and prevention requirements and 8) failed to comply with hazardous waste manifest/biennial report and LDR requirements. Injunctive relief was negotiated with the Defendant to bring the Central facility into compliance. The Defendant agreed to pay stipulated penalties that have accumulated as a result of non-compliance of the terms and conditions of a Consent Agreement and Final Order that was entered for prior violations, resulting from the first RCRA inspection conducted at the facility. Two other inspections were later conducted. As part of the Injunctive relief, the Defendant also agreed to a third-party audit of the facility to address full compliance with the RCRA requirements.

Defendants (2)

• PR Dept. of Transportation and Public Works
• Metropolitan Bus Authority of Puerto RicoNamed in complaintNamed in settlement

Facilities (2)

• METROPOLITAN BUS AUTHORITY

  37 AVENIDA JOSÉ DE DIEGO, SAN JUAN, PR, 00927

  Registry ID: 110004889880

• METROPOLITAN BUS AUTHORITY

  JOSE DE DIEGO AVENUE NO. 37, URB SAN FRANCISCO, PR, 00927

  Registry ID: 110004889880

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• Metropolitan Bus Authority of Puerto Rico et al.entered 2010-08-24

  Primary law: RCRA

  Federal penalty: $1,200,000

Timeline (6 milestones)

• 2008-09-30Referred To Dept Of Justice
• 2008-10-01Enforcement Action Data Entered
• 2010-07-09Final Order Lodged
• 2010-07-09Complaint Filed With Court
• 2010-08-24Concluded
• 2010-08-24Final Order Entered