EPA v. Municipality of Aguadilla

Case summary

Respondent is Aguadilla, PR, DPW is a Used Oil Generator which provides preventive maintenance, mechanic services, and used oil changes to the municipality fleet. In carrying out its normal building maintenance operations it has been generating solid wastes: spent fluorescent lamps and computer waste, which were disposed in the regular trash. Used Oil generated was collected in different types of containers, including a tank. None of them were labeled as Used Oil as required by 40CFR Part 279; there were oil spills in various areas of the facility which were not cleaned up or addressed, and some containers holding unknown material, with no hazardous waste determination as required by 40 CFR Part 262. These violations were found in two RCRA inspections two years apart. A 3007 Information Request Letter was sent to the facility in April 2006, addressing these concerns. Response was received in May 2006; Respondent admitted the violations and promised to correct them and to implement management practices to prevent their reoccurrence. In March 2008, EPA inspected the facility, again, to check its compliance, and repeat violations were found. Respondent must comply with the regulations and demonstrate compliance within thirty (30) days of notification of this action and pay a penalty.

Defendants (1)

• Municipality of AguadillaNamed in complaintNamed in settlement

Facilities (1)

• AGUADILLA DEPARTMENT OF PUBLIC WORKS

  STATE RD 460, CUESTA VIEJA, PR, 00605

  Registry ID: 110028241294

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• Municipality of Aguadillaentered 2009-09-16

  Primary law: RCRA

  Federal penalty: $7,250 · SEP: $43,500

Timeline (4 milestones)

• 2008-12-31Complaint Filed/Proposed Order
• 2009-01-13Enforcement Action Data Entered
• 2009-09-16Final Order Issued
• 2009-09-16Enforcement Action Closed