EPA v. ONESOURCE COIL COATERS, LLC

Case summary

7/5/11 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $13,266 DUE IN INSTALLMENT PAYMENTS. THE FIRST INSTALLMENT IS DUE WITHIN 30 DAYS. THE FINAL PAYMENT IS DUE WITHIN 180 DAYS. ALLEGATIONS: ON APR 6, 2010, EPA AND FDEP PERFORMED A RCRA CEI AT RESPONDENT'S FACILITY. THE CEI FOCUSED ON TWO BUILDINGS AT THE FACILITY WHICH HOUSED ITS OPERATIONS. RESPONDENT HAD NOT MADE A HAZ WASTE DETERMINTION ON CERTAIN SOLID WASTES, INCLUDING WASTE PAINTS AND/OR SOLVENTS IN 3 CONTAINERS IN THE AREA OF THE FACILITY'S SOLVENT RECOVERY STILL LOCATED IN BUILDING 2. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED 40 CFR 262.11 AND FLA. ADMIN. CODE ANN. R 62-730.160(1) BY FAILING TO MAKE A HAZARDOUS WASTE DETERMINATION ON SOLID WASTE GENERATED AT ITS FACILITY. EPA INSPECTOR OBSERVED D001/F003 HAZ WASTE ON THE FLOOR IN THE AREA OF A SOLVENT RECOVERY STILL IN ONE OF THE FACILITY'S BUILDINGS. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED RCRA 3005 AND FLA STAT 403.722 FOR STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE REPONDENT FAILED TO MEET A 40 CFR 262.34(d)(4) CONDITION OF THE 40 CFR 262.34(d) PERMIT EXEMPTION BY NOT COMPLYING WIHT 40 CFR 265.31 AND FLA ADMIN CODE ANN R 62-730.180(2). EPA OBSERVED D001/F003 HAZ WASTE IN CONTAINERS WHICH WERE NOT MARKED WITH ACCUMULATION START DATES OR THE WORDS HAZARDOUS WASTE. EPA THEREFORE ALLEGES RESPONDENT VIOLATED RCRA 3005 AND FLA STAT 403.722 FOR STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A 40 CFR 262.34(d)(4) CONDITION OF THE 40 CFR 262.34(d) PERMIT EXEMPTION BY NOT COMPLYING WITH 40 CFR 262.34(a)(2)-(3) AND FLA ADMIN CODE ANN R. 62-730.160(1). EPA OBSERVED D001/F003 HAZ WASTE IN CONTAINERS WHICH WERE NOT CLOSED. EPA THEREFORE ALLEGES RESPONDENT VIOLATED RCRA 3005 AND FLA STAT 403.722, FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A 40 CFR 262.34(d)(2) CONDITION OF THE 40 CFR 262.34(d) PERMIT EXEMPTION BY NOT COMPLYING WITH 40 CFR 265.173(a) AND FLA ADMIN CODE ANN R 62-730.180(2). RESPONDENT DID NOT HAVE COMPLETE RECORDS TO DOCUMENT THAT IT HAD PERFORMED WEEKLY INSPECTIONS ON CONTAINERS OF HAZ WATE WITHIN ITS 180-DAY HAZ WASTE ACCUMULATION AREA. EPA THEREFORE ALLEGES RESPONDENT VIOLATED RCRA 3005 AND FLA STAT 403.722 FOR STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS BECAUSE RESPONDENT FAILED TO MEET A 40 CFR 262.34(d)(2) CONDITION OF THE 40 CFR 262.34(d) PERMIT EXEMPTION BY NOT COMPLYING WITH 40 CFR 265.174 AND FLA ADMIN CODE ANN R 62-730.180(2) AND 62.730.160(6). RESPONDENT HAD NOT POSTED NEAR THE TELEPHONE THE NAMES AND PHONE NUMBERS OF EMERGENCY PERSONNEL AND THE LOCATIONS OF EMERGENCY EQUIPMENT. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED RCRA 3005 AND FLA STAT 403.722 FOR STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE REQUIREMENTS OF THE 40 CFR 262.34(d) PERMIT EXEMPTION AS OUTLINED IN 40 CFR 262.34(d)(5)(ii)(A)-(C) AND FLA ADMIN CODE ANN R 62-730.160(1). RESPONDENT WAS MANAGING UNIVERSAL WASTE LAMPS IN CONTAINERS WHICH WERE NOT CLOSED. EPA THEREFORE ALLEGES RESPONDENT VIOLATED 40 CFR 273.13(d)(1) AND FLA ADMIN CODE ANN R 62-730.185(1) BY FAILING TO MANAGE ITS UNIVERSAL WASTE LAMPS IN CONTAINERS WHICH WERE CLOSED. RESPONDENT WAS MANAGING UNIVERSAL WASTE LAMPS IN CONTAINERS NOT LABELED WITH THE WORDS UNIVERSAL WASTE-LAMPS OR WASTE LAMPS OR USED LAMPS. EPA THEREFORE ALLEGES RESPONDENT VIOLATED 40 CFR 273.14(e) AND FLA ADMIN CODE ANN R 62-730.185(1) BY FAILING TO MANAGE ITS UNIVERSAL WASTE LAMPS IN CONTAINERS WHICH WERE LABELS WITH THE PROPER WORDS. RESPONDENT WAS NOT ABLE TO DEMONSTRATE THE LENGTH OF TIME THAT ITS UNIVERSALE WASTE LAMPS HAD ACCUMULATED FROM THE DATE IT BECAME A WASTE. EPA ALLEGES RESPONDENT VIOLATED 40 CFR 273.15(c) AND FLA ADMIN CODE ANN R 62-730.185(1) BY FAILING TO BE ABLE TO DEMONSTRATE THE LENGTH OF TIME ITS UNIVERSAL WASTE LAMPS HAD ACCUMULATED.

Defendants (1)

• ONESOURCE COIL COATERS, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• ONESOURCE COIL COATERS LLC

  5100 140TH AVE N, CLEARWATER, FL, 33760

  Registry ID: 110045483213

Statutes cited

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

Enforcement conclusions (1)

• ONESOURCE COIL COATERS, LLCentered 2011-07-05

  Primary law: RCRA

  Federal penalty: $13,266

Timeline (4 milestones)

• 2011-07-05Complaint Filed/Proposed Order
• 2011-07-05Final Order Issued
• 2011-07-21Enforcement Action Data Entered
• 2012-02-27Enforcement Action Closed