EPA v. LAKELAND DRUM SERVICE, INC. (COMPLAINT/CAFO)

Case summary

9/12/03 - CAFO ISSUED, ASSESSING A PENALTY OF $20,000, DUE WITHIN 30 DAYS. ON FEBRUARY 18, 2002, REPRESENTATIVES OF FDEP CONDUCTED A RCRA COMPLIANCE EVALUATION INSPECTION AT LAKELAND DRUM SERVICE, INC. BASED ON FDEP FINDINGS AT THE TIME OF THE INSPECTION, EPA ALLEGES THAT RESPONDENT FAILED TO MAKE A HAZARDOUS WASTE DETERMINATION ON SOLID WASTES MANIFESTED ON AUGUST 2, 2002, AND JANUARY 10, 2002. THESE WASTES WERE LATER DETERMINED TO BE D001 CHARACTERISTIC HAZARDOUS WASTES BY THE RECEIVING FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 262.20 FOR FAILING TO USE A MANIFEST WHEN SHIPPING HAZARDOUS WASTE OFF-SITE. EPA ALSO ALLEGES THAT RESPONDENT VIOLATED 40 CFR 262.31 AND 262.32 BY FAILING TO PACKAGE, LABEL, AND MARK THE PACKAGES OF HAZARDOUS WASTE SHIPPED OFFSITE IN ACCORDANCE WITH FEDERAL DEPARTMENT OF TRANSPORTATION REGULATIONS. THEREFORE, EPA ALLEGES THAT RESPONDENT HAS VIOLATED 40 CFR 262.30 AND 262.31. AT THE TIME OF THE INSPECTION, FDEP ALLEGED THAT RESPONDENT WAS IN VIOLATION OF FAC 62-256.600(1) FOR OPEN BURNING. AT THE TIME OF THE INSPECTION, FDEP ALLEGED THAT RESPONDENT WAS IN VIOLATION OF 403.708(1)(a) OF THE FLA. STAT. FOR RELEASES OF SOLID WASTE OBSERVED DURING THE INSPECTION

Defendants (1)

• LAKELAND DRUM SERVICE, INC.Named in complaintNamed in settlement

Facilities (1)

• INDUSTRIAL CONTAINER SERV - LAKELAND LLC

  2006 THORNHILL RD, AUBURNDALE, FL, 33823

  Registry ID: 110001410857

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• LAKELAND DRUM SERVICE, INC. (COMPLAINT/CAFO)entered 2003-09-12

  Primary law: RCRA

  Federal penalty: $20,000

Timeline (3 milestones)

• 2003-09-12Complaint Filed/Proposed Order
• 2003-09-12Final Order Issued
• 2003-09-12Enforcement Action Data Entered