EPA v. BLUMBERG INDUSTRIES, INC. dba FINE ART LAMPS

Case summary

9/21/12 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $50,000 DUE IN INSTALLMENTS. THE FIRST PAYMENT IS DUE WITHIN 30 DAYS. FINAL PAYMENT IS DUE WITHIN 24 MONTHS. ALLEGATIONS: ON MARCH 8, 2010, EPA AND FDEP PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF RESPONDENT'S FACILITY. AT THE TIME OF THE CEI: RESPONDENT HAD NOT MADE A HAZ WASTE DETERMINATION ON CERTAIN SOLID WASTES, INCLUDING BUT NOT LIMMITED TO SOLVEN-LADEN RAGS OBSERVED BEING STORED IN THE PAINTING AREA OF ITS FACILITY IN CONTAINERS ALONG WITH NON-HAZ WASTE. EPA AND FDEP INSPECTORS OBSERVED CONTAINERS OF HAZ WASTE IN MULTIPLE SATELLITE ACCUMULATION AREAS THROUGHOUT THE FACILITY THAT WERE OPEN ALTHOUGH HAZ WASTE WAS NOT AT THE TIME BEING ADDED OR REMOVED, INCLUDING THE FOLLOWING: TWO CONTAINERS IN THE METAL PREP AREA; ONE CONTAINER IN THE VISUAL MERCHANDIZING DISPLAY AREA; FIVE CONTAINERS IN THE PAINT BOOTH/BASE COAT AREA; AND TWO CONTAINERS IN THE FINISHING AREA. EPA AN FDEP INSPECTORS OBSERVED CONTAINERS OF HAZ WASTE IN MULTIPLE SATELLITE ACCUMULATION AREAS THROUGHOUT THE FAICLITY WITHOUT THE WORDS, HAZARDOUS WASTE OR OTHER WORDS THAT IDENTIFY THE CONTENTS OF THE CONTAINERS, INCLUDING THE FOLLOWING: TWO CONTAINERS IN THE METAL PREP AREA; ONE CONTAINER IN THE VISUAL MERCHANDIZING DISPLAY AREA; FIVE CONTAINERS IN THE PAINT BOOTH/BASE COAT AREA; AND TWO CONTAINERS IN THIS FINISHING AREA. EPA AND FDEP INSPECTORS OBSERVED EIGHT 55-GALLONS DRUMS CONTAINING WASTE ZINC CHROMATE FILTERS, A D007 HAZ WASTE THAT EXHIBITS THE CHARACTERISTIC OF TOXICITY FROM CHROMIUM, LOCATED IN THE 90-DAY STORAGE AREA WITHOUT EITHER A START ACCUMULATION DATE OR A LABEL MARKED WITH THE WORDS, HAZARDOUS WASTE. EPA AND FDEP INSPECTORS OBSERVED THAT RESPONDENT HAD FAILED TO CLOSE TWO 55-GALLONS DRUMS OF WASTE ZINC CHROMATE FILTERS, A D007 HAZ WASTE THAT EXHIBITS THE CHARACTERISTIC OF TOXICITY FOR CHROMIUM, LOCATED IN THE 90-DAY HAX WASTE STORAGE/COMPACTOR AREA. EPA INSPECTOR OBSERVED THAT THE FACILITY'S CONTINGENCY PLAN NEITHER DESCRIBED ARRANGEMENTS AGREED TO BY LOCAL POLICE DEPARTMENTS, FIRE DEPTS, HOSPITALS CONTRACTORS AND STATE AND LOCAL EMERGENCY RESPONSE TEAMS TO COORDINATE EMERGENCY SERVICES, NOR DID IT HAVE ADDRESSES FOR THE EMERGENCY COORDINATORS. EPA INSPECTOR LEARNED THAT RESPONDENT HAD NOT UPDATED THE CONTINGENCY PLAN SINCE THE END OF 2008 WHEN THE PRIOR EMERGENCY COORDINATOR HAD CEASED WORKING AT THE FACILITY. FOLLOWING A REQUEST BY THE EPA INSPECTOR, RESPONDENT WAS UNABLE TO PROVIDE ANY RECORDS REFLECTING IT MADE, OR ATTEMPTED TO MAKE, ARRANGEMENTS TO FAMILIARIZE POLICE, FIRE DEPT AND EMERGENCY RESPONSE TEAMS WITH THE LAYOUT OF THE FACILITY, PROPERTIES OF HAZ WASTE HANDLED AT THE FACILITY AND ASSOCIATED HAZARDS, PLACES WHERE FACILITY PERSONNEL WOULD NORMALLY BE WORKING, ENTRANCES TO ROADS INSIDE THE FACILITY, AND POSSIBLE EVACUATION ROUTES. THE EPA INSPECTOR OBSERVED UNIVERSAL WASTE BATTERIES IN THE 90-DAY STORAGE AREA WHICH WERE NOT LABELED OR CLEARLY MARKED WITH THE WORDS UNIVERSAL WASTE-BATTERY(IES) OR WASTE BATTERY(IES) OR USED BATTERY(IES) . RESPONDENT WAS NOT ABLE TO DEMONSTRATE THE LENGTH OF TIME THAT THE UNIVERSAL WASTE BATTERIES IN THE 90-DAY STORAGE AREA HAD BEEN ACCUMULATED FROM THE DATE THAT THEY BECAME A WASTE OR WERE RECEIVED.

Defendants (1)

• BLUMBERG INDUSTRIES, INC. dba FINE ARTS LAMPS (SB)Named in complaintNamed in settlement

Facilities (4)

• GQ INVESTMENTS, LLC DBA FINE ART LAMPS

  5770 MIAMI LAKES DRIVE EAST, HIALEAH, FL, 33014-2418

  Registry ID: 110005649067

• BLUMBERG INDUSTRIES

  5770 MIAMI LAKES DRIVE EAST, HIALEAH, FL, 33014

  Registry ID: 110005649067

• GQ INVESTMENTS, LLC DBA FINE ART LAMPS

  5770 MIAMI LAKES DRIVE EAST, HIALEAH, FL, 33014-2418

  Registry ID: 110005649067

• BLUMBERG INDUSTRIES

  5770 MIAMI LAKES DRIVE EAST, HIALEAH, FL, 33014

  Registry ID: 110005649067

Statutes cited

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

Enforcement conclusions (1)

• BLUMBERG INDUSTRIES, INC. dba FINE ART LAMPSentered 2012-09-21

  Primary law: RCRA

  Federal penalty: $50,000

Timeline (4 milestones)

• 2012-09-21Complaint Filed/Proposed Order
• 2012-09-21Final Order Issued
• 2012-09-25Enforcement Action Data Entered
• 2014-09-16Enforcement Action Closed