EPA v. TRADEMARK NITROGEN CORPORATION

Case summary

12/10/2009 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $9,500, DUE WITHIN 30 DAYS. ALLEGATIONS: ON APRIL 20, 2009, EPA AND FDEP CONDUCTED A JOINT RCRA COMPLIANCE EVALUATION INSPECTION (CEI)OF RESPONDENT'S FACILITY. ON OR ABOUT NOV 17, 2008, RESPONDENT CLEANED OUT A PHOSPHORIC ACID TANK WHICH WAS SUBSEQUENTLY TAKEN OUT OF SERVICE. AS A RESULT OF THIS ACTIVITY, RESPONDENT GENERATED A WASTE THAT IS A SOLID WASTE AS DEFINED IN 40 CFR 261.2. SAMPLING RESULTS TAKEN ON DEC 15, 2008, REVEALED THAT THE WASTE CONTAINED LEVELS OF CADMIUM THAT EXCEEDED THE REGULATORY LIMIT. A SECOND SAMPLE TAKEN ON JAN 19, 2009 CONFIRMED THAT THE LEVELS OF CADMIUM WERE ABOVE THE REGULATORY LIMIT. THEREFORE, THE WASTE WAS HAZARDOUS AND BORE THE DESIGNATED WASTE CODE D006. AS A RESULT, EPA ALLEGES THAT THE RESPONENT WAS A GENERATOR OF HAZARDOUS WASTE. THE QUANTITY WAS APPROX 90,000 POUNDS; THEREFORE, EPA ALLEGES THAT RESPONDENT WAS A LARGE QUANTITY GENERATOR DURING THE TIME PERIOD THIS WAS WAS ACCUMULATED ON-SITE. RESPONDENT FAILED TO SUBMIT NOTIFICATION TO FDEP OF ITS CHANGE IN GENERATOR STATUS FROM CONDITIONALLY-EXEMPT SMALL QUANTITY GENERATOR TO LARGE QUANTITY GENERATOR OF HAZ WASTE - IN VIOLATION OF RULE 62.730.150(2)(b), F.A.C. RESPONDENT'S WASTE WAS STORED IN A CONTAINMENT BIN THAT DID NOT APPEAR TO MEET THE REQUIREMENTS FOR A CONTAINER, TANK, DRIP PAD, OR CONTAINMENT BUILDING SET FORTH IN 40 CFR PART 265, SUBPART J. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED RCRA SEC 3005 BY FAILING TO MEET THE CONDITIONS FOR EXEMPTION FOUND IN 40 CFR 262.34(a)(1) AND PART 265, SUBPART J, AS ADOPTED BY REFERENCE IN RULE 62-730.180, F.A.C. RESPONDENT STORED THE HAZ WASTE AT ITS TAMPA FACILITY FOR LONGER THAN 90 DAYS PRIOR TO SENDING THE WASTE OFF-SITE. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED RCRA SEC 3005 FOR STORING HAZ WASTE FOR LONGER THAN 90 DAYS WITHOUT OBTAINING A PERMIT OR INTERIM STATUS. ON MARCH 16, 2009, RESPONDENT OFFERED FOR TRANSPORT HAZ WASTE SOLVENTS (WASTE CODE D039) WITHOUT PREPARING A PROPER HAZ WASTE MANIFEST. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED 40 CFR 262.20. RESPONDENT, AS A RESULT OF FACILITY OPERATIONS, IS A SMALL QUANTITY HANDLER OF UNIVERSAL WASTE AS DEFINED IN 40 CFR 273.9, AND RULE 62-730.185, F.A.C. AT THE TIME OF THE CEI, 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). EPA THEREFORE ALLEGES THE RESPONDENT VIOLATED 40 CFR 273.14(e)(1), AND RULE 62.730.185, F.A.C. AT THE TIME OF THE CEI, RESPONDENT WAS NOT STORING UNIVERSAL WASTE LAMPS IN CLOSED CONTAINERS THAT WERE STRUCTURALLY SOUND AND ADEQUATE TO PREVENT BREAKAGE. EPA THEREFORE ALLEGES THE RESPONDENT VIOLATED 40 CFR 273.13(d)(1) AND RULE 62.185, F.A.C.

Defendants (1)

• TRADEMARK NITROGEN CORPORATION (SB)Named in complaintNamed in settlement

Facilities (1)

• TRADEMARK NITROGEN CORP

  1216 OLD HOPEWELL RD, TAMPA, FL, 33619

  Registry ID: 110000364551

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)

• TRADEMARK NITROGEN CORPORATIONentered 2009-12-10

  Primary law: RCRA

  Federal penalty: $9,500

Timeline (4 milestones)

• 2009-12-10Complaint Filed/Proposed Order
• 2009-12-10Final Order Issued
• 2009-12-18Enforcement Action Closed
• 2009-12-22Enforcement Action Data Entered