EPA v. Commonwealth of Puerto Rico - PRPD

Case summary

PRPD was unsafely storing waste and confiscated pyrotechnics, fireworks, and other flammable/ignitable/reactive material (mostly D003 hazardous waste) in storage containers at five (5) locations throughout Puerto Rico. These locations lacked proper labels, emergency response equipment, fire suppression systems or other equipment needed for compliance with RCRA. As such, an Order on consent, pursuant to RCRA Section 7003 imminent and substantial endangerment provisions, was negotiated with PRPD in which they agreed to correct violations, properly dispose of the waste that had been accumulating, establish a hazardous waste storage location in compliance with RCRA requirements, conduct hazardous waste identification on such material, comply with all aspects of federal and commonwealth hazardous waste requirements, and develop SOPs to prevent future reoccurrence of the storage violations. Any changes made to PRPD's hazardous waste management program will require advanced approval of EPA for a period of five years from the effective date of the Order. PRPD must also provide financial assurance that they have and will provide sufficient funding to comply with all aspects of the order and must maintain copies of all waste management records for a period of five years. The hazardous waste that will be properly treated as a result of this action is all presumed to be D003 (reactive.)

Defendants (1)

• Commonwealth of Puerto Rico - PRPDNamed in settlement

Facilities (5)

• COMANDANCIA POLICIA AREA DE HUMACAO

  CALLE 8, HUMACAO, PR, 00791

  Registry ID: 110022924987

• SOLAR VEHICULOS

  CALLE BURN, AGUADILLA, PR, 00603

  Registry ID: 110022924996

• CENTRO DE ADIESTRAMIENTO ISLA DE CABRAS

  CARR 870 BO PALO SECO FINAL, TOA BAJA, PR, 00962

  Registry ID: 110022923452

• UNIDAD MONTADO SAN JUAN

  CARR 21 ANEXO PENITEN ESTATAL, RIO PIEDRAS, PR, 00936

  Registry ID: 110022924978

• COMANDANCIA DE MAYAGUEZ

  CARR 114 BO CASTILLO, MAYAGUEZ, PR, 00681

  Registry ID: 110022924969

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste

Enforcement conclusions (1)

• Commonwealth of Puerto Rico - PRPDentered 2009-09-22

  Primary law: RCRA

Timeline (3 milestones)

• 2009-09-22Final Order Issued
• 2009-09-22Enforcement Action Closed
• 2009-10-05Enforcement Action Data Entered