EPA v. CONTENDER BOATS, INC.

Case summary

9/13/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $50,000. RESPONDENT WILL MAKE QUARTERLY PAYMENTS OVER A PERIOD OF TWO YEARS. THE INITIAL PAYMENT IS DUE WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS CAFO. ORDER ALLEGES: AT THE TIME OF THE COMPLIANCE EVALUATION INSPECTION (CEI), RESPONDENT HAD TWO 55-GALLON DRUMS OF HAZARDOUS WASTE IN THE WASTE STORAGE AREA THAT HAD A BEGINNING DATE OF ACCUMULATION OF 10/2/06, MEANING THE DRUMS WERE STORED ON-SITE FOR 982 DAYS. AT THE TIME OF THE CEI, RESPONDENT DID NOT HAVE A STORAGE PERMIT. PURSUANT TO FLA. ADMIN. CODE ANN.r. 62-730.160 (4O C.F.R. SECTION 262.34(b)), A GENERATOR WHO ACCUMULATES HAZARDOUS WASTE FOR MORE THAN 90 DAYS IS AN OPERATOR OF A STORAGE FACILITY. EPA THEREFORE ALLEGES THE RESPONDENT HAS VIOLATED SECTION 403.722 F.S., (SECTION 3005 OF RCRA, 42 U.S.C. SECTION 6925) FOR OPERATING A HAZARDOUS WASTE STORAGE FACILITY WITHOUT A PERMIT OR INTERIM STATUS. AT THE TIME OF THE CEI, RESPONDENT HAD THIRTY 55-GALLON OF D001/F003 HAZARDOUS WASTE IN THE HAZARDOUS WASTE STORAGE AREA THAT WERE NOT MARKED WITH THE BEGINNING DATE OF ACCUMULATION. EPA THEREFORE ALLEGES THAT THE RESPONDENT HAS VIOLATED SECTION 403.722 F.S., (SECTION 3005 OF RCRA, 42 U.S.C. SECTION 6925), FOR STORING HAZARDOUS WASTE WITHOUT A PERMIT OR INTERIM STATUS BECAUSE THE RESPONDENT FAILED TO ADHERE TO A CONDITION FOR PERMIT EXEMPTION FOUND IN FLA. ADMIN. CODE ANN.R. 62-730.160 (40 C.F.R. SECTION 262.34(a)(2), WHICH STATES THE DATE UPON WHICH EACH PERIOD OF ACCUMULATION BEGINS IS CLEARLY MARKED AND VISIBLE FOR INSPECTION ON EACH CONTAINER.

Defendants (1)

• CONTENDER BOATS, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• CONTENDER BOATS INCORPORATED

  1820 SE 38 AVE, HOMESTEAD, FL, 33035

  Registry ID: 110000872093

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)

• CONTENDER BOATS, INC.entered 2011-09-13

  Primary law: RCRA

  Federal penalty: $50,000

Timeline (4 milestones)

• 2011-09-13Complaint Filed/Proposed Order
• 2011-09-13Final Order Issued
• 2011-09-17Enforcement Action Data Entered
• 2013-07-16Enforcement Action Closed