EPA v. Municipality of Toa Baja - Department of Transportation & Public Works

Case summary

Respondent, in carrying out its preventive maintenance and mechanic services and in conducting normal building maintenance operations, has been generating “solid waste,” as that term is defined in 40 C.F.R.§ 261.2, and “hazardous waste,” as defined in 40 C.F.R. § 261.3, in various maintenance areas, mechanic shop, warehouses and other areas of the Facility. The Facility failed to make hazardous waste determinations (40 CFR 262.11), to minimize risks (40 CFR 265.31), to manage the standards for Universal Waste (40 C.F.R § 273) and to comply with used oil requirements (40 CFR §279). A Consent Agreement / Final Order was signed between the parties under which the respondent agreed to pay a final penalty.

Defendants (1)

• Municipality of Toa Baja-Dept. of Trans & PublicNamed in complaintNamed in settlement

Facilities (1)

• TOA BAJA DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS

  RD 865-867 BYPASS, CAMPANILLA WARD, TOA BAJA, PR, 00949

  Registry ID: 110032606712

Statutes cited

• RCRA 3014 — Restrictions on Recycled Oil
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• Municipality of Toa Baja - Department of Transportation & Public Worksentered 2010-05-07

  Primary law: RCRA

  Federal penalty: $31,600

Timeline (4 milestones)

• 2009-09-30Complaint Filed/Proposed Order
• 2009-09-30Enforcement Action Data Entered
• 2010-05-07Final Order Issued
• 2010-05-07Enforcement Action Closed