EPA v. FLORIDA TILE, INC.

Case summary

3/31/08 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $8,000, DUE WITHIN 30 DAYS. ON FEB 24, 2006, RESPONDENT ACQUIRED THE FACILITY IN A PURCHASE OF ASSETS FROM FLORIDA TILE INDUSTRIES, INC. RESPONDENT PROVIDED FINANCIAL ASSURANCE IN THE FORM OF A LETTER OF CREDIT AND STAND BY TRUST AGMT ON OCT 3, 2006. PURSUANT TO 40 CFR 270.40(b) AND 401 KAR 38:040, WHEN A TRANSFER OF OWNERSHIP OCCURS, THE NEW OWNER OR OPERATOR MUST DEMONSTRATE COMPLIANCE WITH SUBPART H REQUIREMENTS WITHIN 6 MONTHS OF THE DATE OF THE CHANGE OF THE OWNERSHIP OR OPERATIONAL CONTROL OF THE FACILITY. RESPONDENT SUBMITTED ITS FINANCIAL ASSURANCE DOCUMENTATION 39 DAYS AFTER THE EXPIRATION OF THE 6-MONTH PERIOD FOLLOWING ITS ACQUISITION OF THE FACILITY. ON OR ABOUT JUNE 28, 2007, EPA ISSUED A NOV AND OPPORTUNITY TO SHOW CAUSE TO FLORIDA TILE, INC. AFTER DISCUSSIONS AND EXCHANGE OF INFO BETWEEN THE PARTIES, EPA AND FLORIDA TILE HAVE NEGOTIATED THE TERMS OF THIS AGREEMENT.

Defendants (1)

• FLORIDA TILE, INC.Named in complaintNamed in settlement

Facilities (6)

• FLORIDA TILE INC

  1247 ALTON RD, LAWRENCEBURG, KY, 40342

  Registry ID: 110000378902

• FLORIDA TILE INC

  1247 ALTON RD, LAWRENCEBURG, KY, 40342

  Registry ID: 110000378902

• FLORIDA TILE INC

  1247 ALTON RD, LAWRENCEBURG, KY, 40342

  Registry ID: 110000378902

• FLORIDA TILE INC

  1247 ALTON RD, LAWRENCEBURG, KY, 40342

  Registry ID: 110000378902

• FLORIDA TILE INC

  1247 ALTON RD, LAWRENCEBURG, KY, 40342

  Registry ID: 110000378902

• FLORIDA TILE INC

  1247 ALTON RD, LAWRENCEBURG, KY, 40342

  Registry ID: 110000378902

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• FLORIDA TILE, INC.entered 2008-03-31

  Primary law: RCRA

  Federal penalty: $8,000

Timeline (4 milestones)

• 2008-03-31Final Order Issued
• 2008-03-31Complaint Filed/Proposed Order
• 2008-04-01Enforcement Action Data Entered
• 2008-04-30Enforcement Action Closed