EPA v. BAPTIST HOSPITAL

Case summary

2/16/12 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $18,620 DUE WITHIN 30 DAYS. ON FEB 25, 2010, AN INSPECTION (CEI) WAS CONDUCTED BY EPA AND TDEC. ON AUG 23, 2010, EPA SUBMITTED AN INFO REQUEST LETTER (IRL) TO RESPONDENT IN ORDER TO OBTAIN ADD'L INFO ABOUT RESPONDENT'S CONDUCT OF ITS HAZ WASTE MGMT PROGRAM. DURING THE CEI: RESPONDENT INFORMED EPA'S INSPECTOR THAT NUMEROUS PHARMACEUTICAL PRODUCTS TYPICALLY INCLUDED IN THE FACILITY'S FORMULARY COULD BE CLASSIFIED AS HAZ WASTE UPON DISPOSAL BUT, AS OF THE DATE OF THE CEI, THE FACILITY DID NOT MANAGE SUCH WASTE AS HAZ WASTE. THE EPA INSPECTOR WAS INFORMED BY RESPONDENT THAT PHARMACEUTICAL COMPOUNDS INVENTORIED AT THE FAICLITY INCLUDED SEVERAL ITEMS WHICH, WHEN DISCARGED, WOULD CONSTITUTE AN ACUTE P OR U LISTED HAZ WASTE. RESPONDENT INFORMED THE INSPECTOR AND SUBSEQUENTLY EXPLAINED IN ITS IRL RESPONSE THAT RESPONDENT'S TYPICAL METHOS FOR DISPOSAL OF PHARMECEUTICAL HAZ WASTE INVOLVED EITHER INCLUDING SUCH WASTES WITH ITS DISPOSAL OF MEDICAL WASTES OR ITS DISPOSAL OF NON-HAZ SOLID WASTE, OR BY DISCHARGE IT TO THE SANITARY SEWER. THE EPA INSPECTOR OBSERVED A SMALL IN THE 90-DAY HAZ WASTE STORAGE AREA CONTAINING 14 SMALL, CLOSED BOTTLES OF LAB WASTE. THE EPA INSPECTOR WAS INFORMED THAT RESPONDENT NEITHER KNEW THE SOURCE OF THE BOTTLES OF LAB WASTE, NOR WHETHER ANY OF HTE BOTTLES CONTAINED A HAZ WASTE. HOWEVER, IN ITS RESPONSE TO EPA'S IRL, RESPONDEN4T ACKNOWLEDGED THAT THESE BOTTLES OF LAB WASTE CONTAINED HAZ WASTE. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED FR 200-01-11-.03(1)(B)(40 CFR 262.11) BY FAILING TO MAKE HAZ WASTE DETEMRINATION ON SOLID WASTE GENERATED AT THE FACILITY. THE EPA INSPECTOR OBSERVED THAT RESPONDENT WAS STORING 14 BOTTLE OF LAB WASTE IN THE 90-DAY HAZ WASTE STORAGE AREA THAT WERE NOT MARKED WITH AN ACCUMULATION START DATE. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED T.C.A. 68-212-108 ET SEQ (RCRA 3005) FOR STORING HAZ WASTE WITHOUT A PERMIT OR HAVING INTERIM STATUS BECAUSE, HAVING FAILED TO COMPLY WITH TR 1200-01-11-.03(4)(e)2.(ii) (40 CFR 262.34(a)(2) WHICH REQUIRES THAT THE DATE UPON WHICH EACH PERIOD OF ACCUMULATION BEGINS IS CLEARLY MARKED AND VISIBLE FOR INSPECTION ON EACH CONTAINER, RESPONDENT FAILED TO MEET A REQUIREMENT OF THE 40 CFR 262.34(a) PERMIT EXEMPTION. THE EPA INSPECTOR OBSERVED THAT RESPONDENT WAS STORING 14 CONTAINERS OF LAB WASTE IN THE 90-DAY HAZ WASTE STORAGE AREA THAT WERE NOT LABELED OR MARKED CLEARLY WITH THE WORDS, HAZARDOUS WASTE. EPA THEREFORE ALLEGES THAT RESPONDENTS VIOLATED T.C.A. 68-212-108 ET SEQ (RCRA 3005) FOR STORING HAZ WASTE WITHOUT A PERMIT OR HAVING INTERIM STATUS BECAUSE, HAVING FAILED TO COMPLY WITH TR 1200-01-11-.03(4)(e)2.(iii) (40 CFR 262.34(a)(3) WHICH REQUIRES THAT EACH CONTAINER IS LABELED OR CLEARLY MARKED WITH THE WORDS HAZARDOUS WASTE, RESPONDENT FAILED TO MEET A REQUIREMENT OF THE 40 CFR 262.34(a) PERMIT EXEMPTION. THE EPA INSPECTOR OBSERVED THAT REPONDENT WAS STORING SCRAPS OF WASTE CADMIUM/ZINC/LEAD-ALLOY FROM THE MOLDING PROCESS IN AN OPEN, SMALL (LESS THAN 5-GAL), SATELLITE-ACCUMULATION CONTAINER IN THE MOLD ROOM. A SOLID WASTE THAT EXHIBITS THE CHARACTERISTIC OF TOXICITY FOR CADIMIUM IS A D006 HAZ WASTE AND A SOLID WASTE THAT EXHIBITS THE CHARACTERISTIC OF TOXICITY FOR LEAD IS A D008 HAZ WASTE. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED T.C.A. 68-212-108 ET SEQ (RCRA 3005) FOR STORING HAZ WASTE WITHOUT A PERMIT OR HAVING INTERIM STTAUS BECAUSE, HAVING FAILED TO COMPLY WITH TR 1200-01-11-.05(9)(d)1 (40 CFR 265.173(a)) WHICH PROVIDES THAT SUCH A CONTAINER MUST ALWAYS BE CLOSED DURING STORAGE EXCEPT WHEN IT IS NECESSARY TO ADD OR REMOVE WASTE, RESPONDENT FAILED TO MEET A TR 1200-01-11-.03(4)(c)2.(i) (40 CFR 262.34(c)(1)(i) CONDITION OF THE 40 CFR 262.34(a) PERMIT EXEMPTION. THE EPA INSPECTOR OBSERVED THAT RESPONDENT WAS STORING WASTE PARAFFIN-XYLENE BOTTOMS IN AN UN-LABELED 2.5-GAL PLASTIC SATELLITE-ACCUMULATION CONTAINER IN THE PATHOLOGY/HISTOLOGY ROO

Defendants (1)

• BAPTIST HOSPITALNamed in complaintNamed in settlement

Facilities (1)

• SAINT THOMAS MIDTOWN HOSPITAL

  2000 CHURCH STREET, NASHVILLE, TN, 37236-0002

  Registry ID: 110004974029

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• BAPTIST HOSPITALentered 2012-02-16

  Primary law: RCRA

  Federal penalty: $18,620

Timeline (4 milestones)

• 2012-02-16Final Order Issued
• 2012-02-16Complaint Filed/Proposed Order
• 2012-02-29Enforcement Action Data Entered
• 2012-05-08Enforcement Action Closed