EPA v. SCRAPPY THOMAS, INC.

Case summary

9/18/13 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $19,000, PLUS INTEREST. PENALTY IS DUE 4 PAYMENTS. LAST PAYMENT IS DUE WITHIN 300 CALENDAR DAYS. ALLEGATIONS: ON APR 24 & 27, 2009, FDEP CONDUCTED A HAZ WASTE INSPECTION WHERE RESPONDENT WAS OPERATING ITS BUSINESS. DURING THE INSPECTION, FDEP OBSERVED 13 55-GAL DRUMS AND 1 500 GAL PORTABLE TANK BEING STORED IN A METAL BLDG WITH A CONCRETE FLOOR ON PROPERTY OWNED AND/OR LEASED BY RESPONDENT. FDEP ALSO OBSERVED THAT THE DRUMS WERE SURROUNDED BY TAPE THAT HAD A LABEL STATED SUSPECTED PCB OIL. FDEP DIRECTED RESPONDENT TO DETERMINE THE CONTENTS OF THE DRUMS AND TANK. ON OR ABOUT APR 28, 2009, RESPONDENT'S CONSULTANT, COMMON GROUND ENVIRONMENTAL, COLLECTED SAMPLES OF LIQUIDS/SLUDGE FROM 2 OF THE 13 DRUMS. ANALYTICAL RESULTS SHOWED THAT 1 OF THE DRUMS HAD A PCB CONCENTRATION OF 5565,075 PPM AND THE OTHER DRUM HAD A CONCENTRATION OF 3,166 PPM. ON OR ABOUT MAY 6, 2013, FDEP ASKED COMMON GROUND IF ANALYTICAL RESULTS FROM THE SAMPLYING HAD BEEN RECEIVED AND WHETHER SAMPLES HAD BEEN COLLECTED FROM THE 500-GAL TANK. COMMON GROUND ADVISED FDEP THAT IT WAS UNAWARE OF A 500-GAL TANK BEING PRESENT AT RESPONDENT'S FACILITY. FDEP SUBSEQUENTLY LEARNED THAT RESPONDENT HAD REMOVED THE TANK FROM TEH BLDG AND HAD MOVED IT TO ITS MAINTENANCE SHOP, AND THAT RESPONDENT HAD ARRANGED TO SHIP 300 GALS OF LIQUID IN THE TANK THRU A USED OIL TRANSPORTER FOR SHIPMENT TO A USED OIL PROCESSING FACILTY W/OUT FIRST SAMPLING THE CONTENTS FOR PCBs. FDEP INSTRUCTED RESPONDENT TO TAKE STEPS TO STOP THE TRUCK FROM DELIVERING ITS CONTENTS TO THE USED OIL FACILITY. AS A RESULT, THE TANK TRUCK CONTAINING THE CONTENTS FROM RESPONDENT'S TANK, ALONG WITH APPROX 1800 GALS OF USED OIL, WAS STOPPED BEFORE IT REACHED THE USED OIL PROCESSING FACILITY. THE CONTENTS OF THE TRUCK WERE THEN SAMPLED AND FOUND TO HAVE A PCB CONCENTRATION OF 2,400 PPM. THE CONTENTS OF THE TANKER WERE PLACED INTO TOTES AND DELIVERED BACK TO RESPONDENT WHERE THEY WERE STORED. TANKER WAS DECONTAMINATED. ON OR ABOUT MAY 7, 2009, FDEP REFERED THE MATTER TO EPA. ON MAY 14, 2009, EPA INSPECTED RESPONDENT'S PLACE OF BUSINESS. DURING THE INSPECTION, EPA OBSERVED THE TOTES CONTAINING THE CONTENTS OF THE USED OIL TANKER IN SEVERAL LOCATIONS AROUND THE PROPERTY. THE TOTES WERE PROPERLY MARKED WITH THE REQUIRED PCB MARKING. EPA ALSO OBSERVED THAT THE 13 DRUMS HAD BEEN MOVED OUT OF THE METAL BLDG, AND THE LIQUID AND SLUDGE CONTENTS OF THE DRUMS, MANY OF WHICH WERE IN POOR CONDITION, HAD BEEN, AND WERE IN THE PROCESS OF BEING TRANSFERRED TO OTHER DRUMS. ON MAY 19, 2011, COMMON GROUND COLLECTED 10 SAMPLES FROM SOILS ON THE SURFACE OF THE CONCRETE PAD. THESE SAMPLES WERE ANALYZED FOR PCB CONTENT. THE RESULTS OF THE ANALYSIS INDICATED THAT 4 OF THE SAMPLES HAD PCB CONCENTRATIONS GREATER THAN THE REQUIRED CLEANUP LEVEL OF 25 PPM SPECIFIED IN 40 CFR 761.61(a)(4). THE HIGHEST PCB CONCENTRATION WAS 9,429 PPM. 40 CFR 761.40(a)(1) REQUIRES THAT EACH CONTAINER USED PCBs MUST BE MARKED WITH AN ML AS ILLUSTRATED IN 40 CFR 761.45(a). AT THE TIME OF THE FDEP INSPECTION, THE 13 DRUMS AND 1 500-GAL TANK WERE NOT MARKED WITH THE REQUIRED ML MARKING. THEREFORE, RESPONDENT VIOLATED 40 CFR 761.40(a)(1). 40 CFR 761.40(a)(10) REQUIRES THAT EACH STORAGE AREA USED TO STORE PCBs AND PCB ITEMS FOR DISPOSAL BE MARKED W/AN ML MARK AS ILLUSTRATED IN 40 CFR 761.45(a). AT THE TIME OF THE FDEP INSPECTION, THE METAL BLDG BEING USED TO STORE THE PCB CONTAINERS WAS NOT MARKED WITH THE REQUIRED ML MARKED. SEE SENSITIVE COMMENTS FOR MORE.

Defendants (1)

• SCAPPY THOMAS, INC.Named in complaintNamed in settlement

Facilities (1)

• SCRAPPY THOMAS, INC.

  1155 PEBBLEDALE ROAD, PO BOX 675, MULBERRY, FL, 33860

  Registry ID: 110006847779

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• SCRAPPY THOMAS, INC.entered 2013-09-18

  Primary law: TSCA

  Federal penalty: $19,000

Timeline (4 milestones)

• 2013-09-18Final Order Issued
• 2013-09-18Complaint Filed/Proposed Order
• 2013-09-20Enforcement Action Data Entered
• 2014-08-13Enforcement Action Closed