EPA v. HOMAC MANUFACTURING COMPANY

Case summary

5/12/10 - CONSENT AGMT ISSUED. PENALTY OF $21,800 DUE WITHIN 30 DAYS. ON MAR 25, 2009, EPA AND FDEP PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI). AT THE TIME OF THE CEI: RESPONDENT FAILED TO CLOSE A WASTEWATER TREATMENT SLUDGE ACCUMULATION CONTAINER WHEN NO WASTE WAS BEING ADDED OR REMOVED. RESPONDENT VIOLATED 40 CFR 265.173(a), BY FAILING TO KEEP A HAZ WASTE CONTAINER CLOSED EXCEPT WHEN NECESSARY TO ADD OR REMOVE WASTES, AND AS SUCH, FAILED TO SATISFY THE REQUIREMENTS NECESSARY FOR A GENERATOR TO ACCUMULATE HAZ WASTE ON-SITE FOR 90 DAYS OR LESS WITHOUT A PERMIT OR INTERIM STATUS. RESPONDENT WAS ILLEGALLY STORING HAZ WASTE W/OUT A PERMIT IN VIOLATION OF RCRA SECTION 3005(a). RESPONDENT WAS STORING WASTEWATER TREATMENT SLUDGE CONTAINERS IN A MANNER SUCH THAT ACCUMULATION START DATES WERE NOT VISIBLE FOR INSPECTION. RESPONDENT VIOLATED 40 CFR 262.34(a)(2), BY FAILING TO STORE WASTEWATER TREATMENT SLUDGE CONTAINERS IN A MANNER SUCH THAT ACCUMULATION START DATES WERE VISIBLE FOR INSPECTION, AND AS SUCH, FAILED TO SATISFY THE REQUIREMENTS NECESSARY FOR A GENERATOR TO ACCUMULATE HAZ WASTE ON-SITE FOR 90 DAYS OR LESS W/OUT A PERMIT OR INTERIM STATUS PURSUANT TO 40 CFR 262.34(a). RESPONDENT WAS ILLEGALLY STORING HAZ WASTE W/OUT A PERMIT. RESPONDENT WAS NOT ABLE TO DEMONSTRATE THAT IT PROVIDED THE MOST RECENT COPY OF THE FACILITY'S CONTINGENCY PLAN TO THE REQUISITE LOCAL AUTHORITIES. RESPONDENT VIOLATED 40 CFR 265.53(b) BY FAILING TO DEMONSTRATE THAT IT PROVIDED THE MOST RECENT COPY OF THE FACILITY'S CONTINGENCY PLAN TO THE REQUISITE LOCAL AUTHORITIES, AND AS SUCH, FAILED TO SATISFY THE REQUIREMENTS NECESSARY FOR A GENERATOR TO ACCUMULATE HAZ WASTE ON-SITE FOR 90 DAYS OR LESS W/OUT A PERMIT OR INTERIM STATUS PURSUANT TO 40 CFR 262.34(a)(4). RESPONDENT WAS ILLEGALLY STORING HAZ WASTE W/OUT A PERMIT. RESPONDENT'S CONTAINER STORAGE AREA INSPECTION RECORDS DID NOT INCLUDE THE TIME OF INSPECTION, CONDITION OF CONTAINER, OR INSPECTOR'S NAME LEGIBLY PRINTED. RESPONDENT VIOLATED 40 CFR 265.174, BY FAILING TO MAINTAIN INSPECTION RECORDS FOR CONTAINER STORAGE AREAS THAT PROVIDE TIME OF INSPECTION, CONDITION OF CONTAINER AND INSPECTOR'S NAME LEGIBLY PRINTED, AND AS SUCH, FAILED TO SATISFY THE REQUIREMENTS NECESSARY FOR A GENERATOR TO ACCUMULATE HAZ WASTE ON-SITE FOR 90 DAYS OR LESS WITHOUT A PERMIT OR INTERIM STATUS PURSUANT TO 40 CFR 262.34(a)(1)(i). RESPONDENT WAS ILLEGALLY STORING HAZ WASTE WITHOUT A PERMIT. RESPONDENT HAD NOT PROVIDED THE REQUIRED ANNUAL TRAINING REFRESHER TO ITS PERSONNEL, NOR HAD IT MAINTAINED RECORDS OF THE TYPE AND AMOUNT OF HAZ WASTE TRAINING REQUIRED FOR EACH POSITION RELATED TO HAZ WASTE MGMT. EPA AND FDEP FURTHER NOTED THAT RESPONDENT FAILED TO MAINTAIN IN ITS PERSONNEL RECORDS THE TYPE AND AMOUNT OF HAZ WASTE TRAINING IT HAD PROVIDED TO ITS EMPLOYEES. RESPONDENT VIOLATED 40 CFR 265.16(d)(4) BY FAILING TO PROVIDE ITS EMPLOYEES WITH THE REQUISITE ANNUAL REFRESHER TRAINING AND FAILING TO MAINTAIN THE REQUISITE HAZ WASTE PERSONNEL TRAINING RECORDS, AND AS SUCH, FAILED TO SATISFY THE REQUIREMENTS NECESSARY FOR A GENERATOR TO ACCUMULATE HAZ WASTE ON-SITE FOR 90 DAYS OR LESS WITHOUT A PERMIT OR INTERIM STATUS. RESPONDENT WAS ILLEGALLY STORING HAZ WASTE WITHOUT A PERMIT. RESPONDENT WAS STORING CRUSHED UNIVERSAL WASTE LAMPS IN A FLUORESCENT LAMP CRUSHER CONTAINER THAT WAS NOT LABELED OR MAKRED CLEARLY WITH THE WORDS CRUSHED MERCURY LAMPS - IN VIOLATION OF 62-737.400(5)(b)(1), F.A.C. RESPONDENT WAS STORING USED OIL IN A SECONDARY-CONTAINMENT METAL UNIT, A PORTABLE VACUUM UNIT AND THREE 250-GAL TOTE CONTAINERS THAT WERE NOT LABELED OR MARKED CLEARLY WITH THE WORDS USED OIL IN VIOLATION OF 40 CFR 279.22(c). EPA AND FDEP REPS OBSERVED A HAZ WASTE MANIFEST FOR 800 GALS OF SODIUM HYDROXIDE THAT WAS SHIPPED BY THE CITY OF ALTAMONTE SPRING WATER TREATMENT PLANT AND RECEIVED BY THE FACILITY. MANIFEST LISTED THE SODIUM HYDROXIDE AS D002 CHARACTERISTIC HAZ WASTE IN VIOLATION OF RCRA 3005(a).

Defendants (1)

• HOMAC MANUFACTURING COMPANYNamed in complaintNamed in settlement

Facilities (1)

• ABB INC.

  1 AVIATOR WAY, ORMOND BEACH, FL, 32174

  Registry ID: 110000746890

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3014 — Restrictions on Recycled Oil
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• HOMAC MANUFACTURING COMPANYentered 2010-05-12

  Primary law: RCRA

  Federal penalty: $21,800

Timeline (4 milestones)

• 2010-05-12Complaint Filed/Proposed Order
• 2010-05-12Final Order Issued
• 2010-05-19Enforcement Action Data Entered
• 2010-06-03Enforcement Action Closed