EPA v. ENVIROFOCUS TECHNOLOGIES, LLC

Case summary

11/5/2008 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $15,982, DUE WITHIN 30 DAYS. ON FEB 19, 2008, EPA AND FDEP PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF THE FACILITY. DURING THE CEI, EPA AND FDEP NOTED THE FOLLOWING: A. THE SOUTHEASTERN CORNER OF THE LEAD GROUP STORAGE BUILDING UNIT HAD A GAP BETWEEN THE WALLS. B. RESPONDENT WAS STORING SLAG THAT EXHIBITED THE CHARACTERISTICS OF TOXICITY FOR BARIUM AND LEAD IN A BIND (DESIGNATED BY THE FACILITY AS BIN 4 IN THE SLAG STORAGE BUILDING). C. BIN 4 WAS NOT DESIGNED OR OPERATED IN A MANNER THAT CONFINED THE SLAG WITHIN THE CONTAINMENT BUILDING. D. RESPONDENT FAILED TO CLEAN OIL RELEASED BOTH INSIDE THE MAINTENANCE BUILDING, AND ON A CONCRETE PAD BEHIND THE MAINTENANCE BUILDING. E. IN THE MAINTENANCE BUILDING RESPONDENT WAS STORING ONE 55-GALLON USED-OIL CONTAINER THAT WAS LEAKING USED OIL. F. RESPONDENT FAILED TO INCLUDE ITS EPA ID NUMBER ON 2 HAZARDOUS WASTE MANIFESTS. G. RESPONDENT FAILED TO PROVIDE RCRA TRAINING TO SOME OF ITS EMPLOYEES. ORDER REQUIRES: WITHIN 30 DAYS, RESPONDENT SHALL: A. SUBMIT TO EPA AND FDEP A CERTIFICATION SIGNED BY A PROFESSIONAL STATE OF FL CERTIFIED-ENGINEER STATING THAT THE SLAG STORAGE BUILDING COMPLIES WITH THE DESIGN STANDARDS SPECIFIED IN 40 CFR 265.1101. B. SUBMIT TO EPA AND FDEP A CERTIFICATION SIGNED BY A PROFESSIONAL STATE OF FL CERTIFIED-ENGINEER STATING THAT THE STRUCTURAL INTEGRITY OF THE LEAD GROUP STORAGE BLDG HAS NOT BEEN COMPROMISED. WITHIN 10 CALENDAR DAYS, RESPONDENT SHALL SUBMIT TO EPA A CERTIFICATION SIGNED BY A RESPONSIBLE CORPORATE REP STATING THAT THE FACILITY IS IN COMPLIANCE WITH 40 CFR 271.22, 40 CFR 273.13(d), 40 CRR 262.20(a) AND PERMIT CONDITION I.40.

Defendants (1)

• ENVIROFOCUS TECHNOLOGIES, LLCNamed in complaintNamed in settlement

Facilities (2)

• ENVIROFOCUS TECHNOLOGIES

  1901 N 66TH ST, TAMPA, FL, 33619

  Registry ID: 110000364472

• ENVIROFOCUS TECHNOLOGIES

  1901 N 66TH ST, TAMPA, FL, 33619

  Registry ID: 110000364472

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• ENVIROFOCUS TECHNOLOGIES, LLCentered 2008-11-05

  Primary law: RCRA

  Federal penalty: $15,982

Timeline (4 milestones)

• 2008-11-05Complaint Filed/Proposed Order
• 2008-11-05Final Order Issued
• 2008-11-24Enforcement Action Data Entered
• 2008-12-03Enforcement Action Closed