EPA v. CHRIS CRAFT CORPORATION (COMPLAINT/CAFO)

Case summary

9/12/03 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $2,475. RESPONDENT ALSO AGREES TO PERFORM A SEP. ON NOVEMBER 27, 2001, REPRESENTATIVES OF FDEP CONDUCTED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) AS FACILITY. AT THE TIME OF THE CEI, RESPONDENT HAD SEVERAL HAZARDOUS WASTE CONTAINERS THAT WERE NOT CLEARLY LABELED WITH THE WORDS HAZARDOUS WASTE , AND NOT CLEARLY MARKED WITH THE HAZARDOUS WASTE ACCUMULATION START DATE. IN ADDITION, RESPONDENT FAILED TO HAVE AN UP-TO-DATE CONTINGENCY PLAN, ADEQUATE TRAINING PROGRAM, ADEQUATE INSPECTION RECORDS AND A WASTE ANALYSIS PLAN. DURING A SITE VISIT CONDUCTING BY FDEP ON MAY 15, 2002, FDEP FOUND THAT RESPONDENT WAS STORING ONE 55-GALLON DRUM OF CONDENSATE FROM RESIN CLEAN OUT (D001) SINCE SEPTEMBER 1, 2001. THEREFORE, RESPONDENT STORED D001 FOR LONGER THAN 90 DAYS. ON JUNE 5, 2003, REPRESENTATIVES FROM EPA AND FDEP CONDUCT A CEI AT THE FACILITY. AT THE TIME OF THE JUNE 5, 2003, CEI, RESPONDENT HAD SEVERAL HAZARDOUS WASTE CONTAINERS THAT WERE OPEN AND NOT CLEARLY LABELED WITH THE WORDS HAZARDOUS WASTE. RESPONDENT'S HAZARDOUS WASTE CONTAINERS WERE ALSO NOT CLEARLY MARKED WITH AN ACCUMULATION START DATA. IN ADDITION, RESPONDENT FAILED TO HAVE AN UP-TO-DATE CONTINGENCY PLAN, ADEQUATE TRAINING PROGRAM AND ADEQUATE INSPECTION RECORDS. ALSO DURING THE JUNE 5, 2003, CEI, RESPONDENT HAD UNLABELED USED OIL CONTAINERS AND UNIVERSAL WASTE CONTAINERS. FURTHERMORE, RESPONDENT'S UNIVERSAL WASTE CONTAINERS WERE NOT PROPERLY CONTAINERIZED TO PREVENT RELEASES. RESPONDENT ILLEGALLY STORE HAZARDOUS WASTE WITHOUT A PERMIT OR INTERIM STATUS BECAUSE IT FAILED TO MEET SOME OF THE CONDITIONS FOR ACCUMULATING HAZARDOUS WASTE ON-SITE ON 90 DAYS OR LESS WITHOUT A PERMIT OR INTERIM STATUS PURSUANT TO 40 CFR 262.34(a) AND FAC 62-730.160(1). THEREFORE, RESPONDENT VIOLATED SECTION 3005 OF RCRA. RESPONDENT IS IN VIOLATION OF 40 CFR 273.33(d) AND 273.34(e)/FAC62.730.185, AND 40 CFR 279.22(c)(1)/FAC 62-710 BECAUSE IT FAILED TO: A. PLACE UNIVERSAL WASTE LAMPS IN A CONTAINER THAT PREVENTS RELEASES OF ANY UNIVERSAL WASTE OR COMPONENT OF UNIVERSAL WASTE TO THE ENVIRONMENT; B. MARK EACH CONTAINER OR PACKAGE CONTAINING UNIVERSAL WASTE LAMPS CLEARLY WITH ANY ONE OF THE FOLLOWING PHRASES: UNIVERSAL WASTE-LAMP(S), OR WASTE LAMP(S), OR USED LAMP(S) ; AND C. LABEL CONTAINERS AND ABOVEGROUND TANKS USED TO STORE USED OIL CLEARLY WITH THE WORDS USED OIL. INJUNCTIVE RELIEF: RESPONDENT AGRESS TO MANAGE ALL SPENT SOLVENT USED IN ITS PROCESS IN COMPLIANCE WITH THE HAZARDOUS WASTE GENERATOR REGULATIONS, UNTIL IT IS INTRODUCED INTO THE RECLAMATION UNIT. WITHIN 30 CALENDAR DAYS OF THE EFFECTIVE DATE OF CAFO, RESPONDENT AGREES TO CERTIFY IN WRITING THAT IT HAS CORRECTED ALL THE VIOLATIONS ALLEGED IN THIS CAFO. RESPONDENT WILL ALSO COMPLETE A S

Defendants (1)

• CHRIS CRAFT CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• CHRIS CRAFT CORPORATION

  8161 15TH ST EAST, SARASOTA, FL, 34243-2709

  Registry ID: 110002153008

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• CHRIS CRAFT CORPORATION (COMPLAINT/CAFO)entered 2003-09-12

  Primary law: RCRA

  Federal penalty: $2,475 · SEP: $10,505

Timeline (3 milestones)

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