EPA v. WILL'S AUTO PARTS, INC.

Case summary

9/7/05 - COMPLAINT AND COMPLIANCE ORDER ISSUED. COUNT 1: FAILURE TO REMEDIATE RELEASES OF USED OIL TO THE SOIL. COUNT 2: FAILURE TO LABEL CONTAINERS OF USED OIL. COUNT 3: FAILURE TO MAKE A HAZARDOUS WASTE DETERMINATION ON SOLID WASTES GENERATED BY THE FACILITY. COUNT 4: FAILURE TO PROPERLY MANAGE UNIVERSAL WASTE BATTERIES. COMPLIANCE ORDER: WITHIN 60 CALENDAR DAYS, RESONDENT SHALL SUBMIT A SITE WIDE FACILITY INVESTIGATION WORKPLAN TO EPA AND TO FDEP DESCRIBING HOW RESPONDENT WILL SAMPLE ALL AREAS OF STAINED SOIL AT ITS FACILITY. SOILS IN THESE AREAS SHALL BE ANALYZED FOR THE PRESENCE OF HAZARDOUS WASTE AND HAZARDOUS WASTE CONSTITUENTS, AS WELL AS THE PRESENCE OF USED OIL. THE SITE WIDE FACILITY INVESTIGATION PLAN SHALL INCLUDE, AT A MINIMUM: (A) A PLAN TO COLLECT AND ANALYZE REPRESENTATIVE SAMPLES OF APPROPRIATE SIZE, DEPTH, AND LOCATION TO DETERMINE THE NATURE AND EXTENT OF CONTAMINATION; (B) A DESCRIPTION OF METHODS USED FOR LOCATING AND INSTALLING ANY NECESSARY UP GRADIENT AND DOWN GRADIENT GROUND WATER MONITORING WELLS; (C) A PLAN TO COLLECT AND ANALYZE ANY NECESSARY REPRESENTATIVE GROUNDWATER SAMPLES OF APPROPRIATE DEPTH AND LOCATION TO DETERMINE THE NATURE AND EXTENT OF CONTAMINATION OF GROUNDWATER; (D) A DESCRIPTION OF METHODS USED TO SAMPLE SOIL AND GROUNDWATER; (E) AN IDENTIFICATION OF THE CONTAMINANTS OF CONCERN AND THE ANALYTICAL METHODS USED TO ANALYZE FOR THE CONTAMINANTS OF CONCERN; (F) A SCHEDULE FOR PLAN IMPLEMENTATION AND FINALIZATION, WITH A COMPLETION DATE OF NO LATER THAN ONE CALENDAR YEAR AFTER EPA APPROVAL OF THE PLAN ; (G) METHODS FOR MANAGING INVESTIGATION DERIVED WASTE; (H) PROPOSED CLEAN UP STANDARDS AND JUSTIFICATION; AND (I) ALL APPLICABLE REQUIREMENTS SET FOR IN F.A.C. CHAPTER 62-730. RESPONDENT SHALL REVISE THE SITE WIDE FACILITY INVESTIGATION PLAN, IF NECESSARY TO ADDRESS COMMENTS FROM EPA AND/OR FDEP WITHIN 30 CALENDAR DAYS AFTER RECEIPT OF SUCH COMMENTS. AFTER THE SITE WIDE FACILITY INVESTIGATION PLAN HAS BEEN REVISED, OR IF NO REVISION IS NECESSARY, EPA WILL NOTIFY RESPONDENT OF APPROVAL OF THE SITE WIDE FACILITYINVESTIGATION PLAN FOR IMPLEMENTATION. THE APPROVED SITE WIDE FACILITY INVESTIGATION PLAN WILL AUTOMATICALLY BE INCORPORATED INTO THE CA/FO. WITHIN 60 CALENDAR DAYS OF COMPLETION OF ACTIVITIES OF THE APPROVED SITE WIDE FACILITY INVESTIGATION PLAN, RESPONDENT MUST SUBMIT TO EPA AND FDEP, A CERTIFICATION THAT THE ACTIONS REQUIRED BY THE SITE WIDE FACILITY INVESTIGATION PLAN HAVE BEEN COMPLETE IN ACCORDANCE WITH THE SPECIFICATIONS IN THE APPROVED SITE WIDE FACILITY INVESTIGATION PLAN. C. WITHIN 60 CALENDAR DAYS, RESPONDENT SHALL PROVIDE A CONTAINMENT AREA FOR ALL UNIVERSAL WASTE BATTERIES GENERATED ON SITE. THE CONTAINMENT AREA SHALL BE DESIGNED TO PREVENT LEAKAGE FROM BATTERIES FROM ENTERING THE ENVIRONMENT. D. WITHIN 60 CALENDAR DAYS, RESPONDENT SHALL DETERMINE WHETHER IT IS A SMALL OR LARGE QUANTITY HANDLER OF UNIVERSAL WASTE BATTERIES. BASED ON THAT DETERMINATION, RESPONDENT SHALL CREATE A MANAGEMENT PLAN WHICH DEMONSTRATES HOW RESPONDENT INTENDS TO COMPLY WITH THE APPLICABLE UNIVERSAL WASTE REGULATIONS IN THE FUTURE. E. WITHIN 60 CALENDAR DAYS, RESPONDENT SHALL LABEL ALL CONTAINERS AND ABOVE-GROUND TANKS MANAGING USED OIL WITH THE WORDS, USED OIL. F. WITHIN 60 CALENDAR DAYS, RESPONDENT SHALL PROVIDE A WRITTEN WASTE ANALYSIS PLAN WHICH DESCRIBES HOW RESPONDENT WILL DETERMINE WHETHER SOLID WASTES GENERATED AT ITS FACILITY ARE HAZARDOUS WASTES. THE WASTE ANALYSIS PLAN NEED NOT ADDRESS UNIVERSAL WASTE STREAMS OR MATERIALS SUBJECT TO REGULATION AS USED OIL, AS THAT TERM IS DEFINED IN 40 CFR 279.1.

Defendants (1)

• WILL'S AUTO PARTS, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• WILLS AUTO PARTS

  928 BULLS BAY HWY, JACKSONVILLE, FL, 322202599

  Registry ID: 110005660944

Statutes cited

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

Enforcement conclusions (1)

• WILL'S AUTO PARTS, INC.entered 2006-05-17

  Primary law: RCRA

  Federal penalty: $10,750

Timeline (4 milestones)

• 2005-09-07Complaint Filed/Proposed Order
• 2005-09-23Enforcement Action Data Entered
• 2006-05-17Final Order Issued
• 2006-07-11Enforcement Action Closed