EPA v. KEY AUTOMOTIVE OF FLORIDA, INC.

Case summary

12/24/08 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $25,000, DUE WITHIN 30 DAYS. ALLEGATIONS & DETERMINATIONS: ON NOV 28 AND 29, 2007, EPA AND THE STATE PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF RESPONDENT'S FACILITY. AT THE TIME OF THE CEI, AN EMPLOYEE OF RESPONDENT HAD SIGNED A DOCUMENT ATTESTING THAT THE FACILITY WAS A CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR. EPA HAS DETERMINED THE RESPONDENT IS NOT A CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR. EPA THEREFORE ALLEGES RESPONDENT VIOLATED 40 CFR 262.10(b) AND FLA. ADMIN. CODE ANN r. 62-730.160 BY NOT USING 40 CFR 261.5(c) TO DETERMINE THE APPLICABILITY OF THE PART. AT THE TIME OF THE CEI, RESPONDENT HAD SHIPPED OIL OFF-SITE ON OCT 12, 2007, WITHOUT MAKE HAZ WASTE DETERMINATION. EPA ALLEGES RESPONDENT HAS VIOLATED 40 CFR 262.11 AND FLA. ADMIN. CODE ANN. r. 62-730.160 BY FAILING TO MAKE A HAZ WASTE DETERMINATION FOR THE SHIPMENT OF OIL. AT THE TIME OF THE CEI, RESPONDENT WAS STORING HAZ WASTE IN SATELLITE ACCUMULATION CONTAINERS THAT WERE OPEN. EPA ALLEGES RESPONDENT HAS VIOLATED SEC 3005 OF RCRA FOR STORING/TREATING HAZ WASTE W/OUT PERMIT OR INTERIM STATUS BECAUSE RESPONDENT FAILED TO ADHERE TO A CONDITION FOR PERMIT EXEMPTION FOUND IN 40 CFR 262.34(c)(1). AT THE TIME OF THE CEI, REPONDENT WAS ACCUMULATING HAZ WASTE IN CONTAINER THAT WERE OPEN. EPA ALLEGES THE RESPONDENT VIOLATED RCRA 3005 FOR STORING/TREATING HAZ WASTE W/OUT PERMIT OR INTERIM STATUS BECAUSE RESPONDENT FAILED TO AHDERE TO A CONDITION FOR PERMIT EXEMPTION FOUND IN 40 CFR 265.173. AT THE TIME OF THE CEI, RESPONDENT DID NOT INSPECT AREAS WHERE CONTAINERS WERE BEING STORED FOR 3 WEEKS IN JUNE 2007. EPA ALLEGES RESPONDENT VIOLATED RCRA 3005 FOR STORING/TREATING HAZ WASTE W/OUT PERMIT OR INTERIM STATUT BECAUSE RESPONDENT FAILED TO ADHERE TO A CONDITION FOR PERMIT EXEMPTION IN 40 CFR 265.174. RESPONDENT HAD NOT LABELED UNIVERSAL WASTE LAMPS OR CONTAINERS OR PACKAGES IN WHICH THEY WERE STORED WITH ONE OF THE FOLLOWING PHRASES: UNIVERSAL WASTE - LAMP(S) OR WASTE LAMP(S) OR USED LAMP(S) EPA ALLEGES THE RESPONDENT VIOLATED 40 CFR 273.14(e). RESPONDENT WAS NOT STORING UNIVERSAL WASTE LAMPS IN CLOSED CONTAINERS THAT WERE STRUCTURALLY SOUND AND ADEQUATE TO PREVENT BREAKAGE. EPA ALLEGES RESPONDENT VIOLATED 40 CFR 273.13(d)(1). RESPONDENT WAS NOT STORING USED OIL IN CONTAINERS WITH THE WORDS USED OIL. EPA ALLEGES THAT RESPONDENT HAS VIOLATED 40 CFR 279.22(c)(1).

Defendants (1)

• KEY AUTOMOTIVE OF FLORIDA, INC.Named in complaintNamed in settlement

Facilities (1)

• BREED TECHNOLOGIES INC

  5300 ALLEN K. BREED HWY, LAKELAND, FL, 33811

  Registry ID: 110021361177

Statutes cited

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

Enforcement conclusions (1)

• KEY AUTOMOTIVE OF FLORIDA, INC.entered 2008-12-24

  Primary law: RCRA

  Federal penalty: $25,000

Timeline (4 milestones)

• 2008-12-24Final Order Issued
• 2008-12-24Complaint Filed/Proposed Order
• 2008-12-30Enforcement Action Data Entered
• 2009-01-20Enforcement Action Closed