EPA v. BAKO PATHOLOGY ASSOCIATES LLC dba BAKO PATHOLOGY SERVICES, INC.

Case summary

9/2/11 - CONSENT AGMT ISSUED, ASSESSING PENALTY OF $10,000 DUE W/IN 30 DAYS. ALLEGATIONS: ON DEC 7, 2010, EPA PERFORMED A RCRA CEI. AT TIME OF THE DEC 7, 2010 CEI, RESPONDENT HAD NOT MADE HAZ WASTE DETERMINATIONS ON CERTAIN SOLID WASTES GENERATED INCLUDING THE SPENT SOLVENT, SPENT ALCOHOL AND OTHER CHEMICAL WASTE STREAMS GENERATED IN THE ENFD LAB, THE SPENT PAPER TOWELS AND WASTEWATER GENERATED IN THE MICROBIOLOGY LAB, THE SPENT BLOCK PADS AND COTTON SWABS GENERATED IN THE MICROBIOLOGY LAB AND ABSORBENT PADS USED TO RESPOND TO A SPILL OF HAZ WASTE ON THE FLOOR OF THE LESS THAN 180-DAY CENTRAL HAZ WASTE ACCUMULATION AREA. EPA ALLEGES RESPONDENT VIOLATED GA COMP R AND REGS 391-3-11-.08(1) (40 CFR 262.11) BY FAILING TO MAKE A HAZ WASTE DETERMINATION ON SOLID WASTE GENERATED. EPA REVIEWED THE FACILITY'S HAZ WASTE MANIFESTS AND OBSERVED THAT FROM DEC 2009 TO TIME OF CEI, FACILITY GENERATED GREATER THAN 100 KG BUT LESS THAN 1000 KG OF HAZ WASTE EACH CALENDAR MONTH, MAKING IT AN SQG. HOWEVER, FACILITY FAILED TO NOTIFY THE STATE OF ITS ACTIVITY AS A HAZ WASTE GENERATOR AND OBTAIN AN EPA ID NUMBER UNTIL APR 19, 2010. EPA ALLEGES RESPONDENT VIOLATED GA COMP R AND REGS 391-3-11-.08(1) (40 CFR 262.12(a) BY FAILING TO OBTAIN AN EPA ID NUMBER FROM THE STATE PRIOR TO TREATING, STORING, DISPOSING OF TRANSPORTING OR OFFERING FOR TRANSPORTATION HAZ WASTE. EPA OBSERVED THAT THE FACILITY DID NOT PREPARE A MANIFEST ON EPA FORM 8700-22 PRIOR TO OFFERING FOR TRANSPORT A HAZ WASTE FOR OFF-SITE TREATMENT, STORAGE OR DISPOSAL. SPECIFICALLY, RESPONDENT REVEALED THAT HAZ WASTE WAS PERIODICALLY SHIPP TO AN OFF-SITE TSD FACILITY BETWEEN MAY 2010 AND DEC 2010. RESPONDENT'S HAZ WASTE MANIFESTS DID NOT ID ALL OF THE HAZ WASTE CONSTITUENTS FOR THE HAZ WASTE STREAM IN ITEM 9b OF EPA FORM 8700-22. EPA ALLEGES RESPONDENT VIOLATED GA COMP R & REGS 391-3-11-.08(l0 (40 CFR 262.20(A)(1)) BY FAILING TO PREPARE A MANIFEST ON EPA FORM 8700-22. RESPONDENT HAD NOT POSTED EMERGENCY CONTACT INFO, LOCATION OF FIRE EXTINGUISHERS, SPILL CONTROL MATERIAL AND FIRE ALARMS AND PHONE NO. OF THE FIRE DEPT NEXT TO THE TELEPHONE AT ITS FACILITY. EPA ALLEGES RESPONDENT VIOLATED GA CODE ANN 12-8-66 (RCRA 3005) FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE PERMIT EXEMPTION BY NOT COMPLYING WITH GA COMP R & REGS 391-3-11-.08(l) (40 CFR 262.34(d)(5)(ii)(A-C). EPA DID NOT OBSERVE ANY SPECIFIC OFF-SITE OR ON-SITE RCRA TRAINING TO EMPLOYEES THAT ARE MANAGING AND/OR HANDLING HAZ WASTE AND/OR SIGNING HAZ WASTE MANIFESTS TO ENSURE THAT ALL EMPLOYEES ARE THOROUGHLY FAMILIAR WITH PROPER HAZ WASTE HANDLING AND EMERGENCY PROCEDURES. EPA ALLEGES RESPONDENT VIOLATED GA CODE ANN 12-8-66 (RCRA 3005) FOR STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE PERMIT EXEMPTION BY NOT COMPLYING WITH GA COMP R & REGS 391-3-11-.08(l) (40 CFR 262.34(d)(5)(iii). EPA OBSERVED RESPONDENT HAD NOT ATTEMPTED TO MAKE THE FOLLOWING ARRANGEMENTS AS APPRPRIATE FOR THE TYPE OF WASTE HANDLED AND THE POTENTIAL NEED FOR SERVICES: 1-ARRANGEMENTS TO FAMILIARIZE POLICE DEPT AND EMER RESPONSE TEAMS W/LAYOUT OF FACILITY, PROPERTIES OF HAZ WASTE HANDLED AND ASSOCIATED HAZARDS, PLACES WHERE PERSONNEL WOULD NORMALLY BE WORKING, ENTRANCES TO ROADS INSIDE FACILITY AND POSSIBLE EVACUATION ROUTES; 2-AGMTS W/STATE EMER RESPONSE TEAMS, EMER RESPONSE CONTRACTORS AND EQUIPMENT SUPPLIERS; AND 3-ARRANGEMENTS TO FAMILIARIZE LOCAL HOSPITALS W/PROPERTIES OF HAZ WASTE HANDLED AT FACILITY AND TYPES OF INJURIES OR ILLNESSES WHICH COULD RESULT FROM FIRES, EXPLOSIONS OR RELEASES AT FACILITY. EPA ALLEGES RESPONDENT VIOLATED GA CODE ANN 12-8-66 (RCRA 3005) FOR STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE PERMIT EXEMPTION IN GA COMP R & REGS 391-3-11-.08-1(l) (40 CFR 262.34(d)(4)) BY NOT COMPLYING W/GA COMP R & REGS 391-3-11-.10(l) (40 CFR 265.37).

Defendants (2)

• BAKO PATHOLOGY ASSOCIATES, LLCNamed in complaintNamed in settlement
• BAKO PATHOLOGY SERVICES, INC.Named in complaintNamed in settlement

Facilities (1)

• BAKO PATHOLOGY SERVICES LLC

  2001 WESTSIDE PKWY STE 290, ALPHARETTA, GA, 30004

  Registry ID: 110041668308

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• BAKO PATHOLOGY ASSOCIATES LLC dba BAKO PATHOLOGY SERVICES, INC.entered 2011-09-02

  Primary law: RCRA

  Federal penalty: $10,000

Timeline (4 milestones)

• 2011-09-02Final Order Issued
• 2011-09-02Complaint Filed/Proposed Order
• 2011-09-08Enforcement Action Data Entered
• 2011-09-20Enforcement Action Closed