EPA v. HIGH PERFORMANCE SYSTEMS, INC.

Case summary

6/25/13 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $15,000, DUE WITHIN 60 DAYS. ALLEGATIONS: ON DEC 6, 2011, EPA AND FDEP PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF RESPONDENT'S FACILITY. AT THE TIME OF THE CEI, THE INSPECTORS OBSERVED THAT: - RESPONDENT HAD BEEN STORING 3 CUBIC YARD BAG OF F019 WASTE AND TWO 55-GAL CONTAINERS OF SPENT ACETONE LINE FLUSH (D001, F003, F005) HAZ WASTE IN THE LESS THAN 90-DAY HAZ WASTE CONTAINER STORAGE ARE FOR LONGER THAN 90 DAYS. EPA ALLEGES THAT RESPONDENT VIOLATED FLA. STATE SECTION 403.722 (RCRA 3005), STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE IT FAILED TO MEET A REQUIREMENT OF THE LQG PERMIT EXEMPTION. RESPONDENT STORED CERTAIN CONTAINERS OF HAZ WASTE FOR LONGER THAN 90 DAYS, WHICH IS PROHIBITED BY FLA. ADMIN. CODE ANN R 62-730.160(1) (40 CFR 262.24(a)). - RESPONDENT FAILED TO KEEP A 55-GAL SATELLITE ACCUMULATION CONTAINER OF HAZ WASTE ACETONE FLUSH (D001/F003/F005) NEXT TO THE PAINT MIXING AREA CLOSED WHEN WASTE WAS NOT BEING ADDED OR REMOVED.EPA ALLEGES THAT RESPONDENT VIOLATE DFLA STATE 403.722, (RCRA 3005) STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE IT FAILED TO MEETING A REQUIREMENT OF THE SAA PERMIT EXEMPTION PROVIDED IN FLA ADMIN CODE ANN R 62-730.160(1) (40 CFR 262.34(c)(1)(i)). THAT PROVISION REQUIRES COMPLIANCE WITH FLA ADMIN CODE ANN R 62-730.180(2) (40 CFR 265.170(a)), WHICH REQUIRES THAT CONTAINERS HOLDING HAZ WASTE MUST ALWAYS BE CLOSED DURING STORAGE EXCEPT WHEN IT IS NECESSARY TO ADD OR REMOVE WASTES. - RESPONDENT FAILED TO LABEL THE 55-GAL SATELLITE ACCUMULATION CONTAINER OF HAZ WASTE ACETONE FLUSH NEXT TO THE PAINT MIXING AREA WITH THE WORDS HAZARDOUS WASTE OR OTHER WORDS TO CORRECTELY IDENTIFY THE CONTENTS OF THE CONTAINERS. EPA ALLEGES THAT RESPONDENT VIOLATED FLA STATE 402.722 (RCRA 3005) STORING HAZARDOUS WASTE WITHOUT A PERMIT OR INTERIM STATUS. RESPONDENT FAILED TO MEET A REQUIREMENT FOR THE SAA PERMIT EXEMPTION, PROVIDED IN FLA ADMIN CODE ANN R 62-730.160(1) (40 CFR 262.34(c)(1)(ii), THAT GENERATORS MARK THEIR CONTAINERS WIHT THE WORDS HAZARDOUS WASTE OR WITH OTHER WORDS THAT IDENTIFY THE CONTENTS OF THE CONTAINERS. - RESPONDENT FAILED TO LABEL THE SUPER SACK IN A GAYLORD BOX STORING F019 FILTER CAKE AT THE WASTE WATER TREATMENT AREA WITH THE ACCUMULATION START DATE. THE DATE UPON WHICH EACH PERIOD OF ACCUMULATION BEGINS WAS NOT CLEARLY MARKED AND VISIBLE FOR INSPECTION ON THE SUPER SACK. AT THE TIME OF THE INSPECTION, THE LABEL FOR THE CONTAINER WAS LYING ON A NEARBY TABLE. EPA ALLEGES THAT RESPONDENT VIOLATED FLA STATE 403.722 (RCRA 3005), STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE IT FAILED TO MEET THE REQUIREMENTS OF THE LQG PERMIT EXEMPTION PROVIDED IN FLA ADMIN CODE ANN R 62-730.160(1) (40 CFR 262.34(a)(2)). THE PROVISION REQUIRES THAT THE DATE UPON WHICH EACH PERIOD OF ACCUMULATION BEGINS IS CLEARLY MARKED AND VISIBLE FOR INSPECTION ON EACH CONTAINER. - RESPONDENT FAILED TO LABEL THE SUPER SACK IN A GAYLOR BOX STORING F019 FILTER CAKE AT THE WASTE WATER TREATMENT AREA WITH THE WORDS HAZARDOUS WASTE. AT THE TIME OF THE INSPECTION, THE LABEL FOR THE CONTAINER WAS LYING ON A NEARBY TABLE. EPA ALLEGES THAT RESPONDENT VIOLATE DFLA STATE 403.722 (RCRA 3005), STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BY FAILING TO MEET THE REQUIREMENTS OF THE LQG PERMIT EXEMPTION PROVIDING IN FLA ADMIN CODE ANN R 62-730.160(1) (40 CFR 262.34(a)(3)). THAT PROVISION REQUIRES THAT WHILE HAZ WASTE IS BEING ACCUMULATED ON-SITE, EACH CONTAINER AND TANK IS LABELED OR MARKED CLEARLY WITH THE WORDS HAZARDOUS WASTE. SEE SENSITIVE COMMENTS FOR MORE.

Defendants (1)

• HIGH PERFORMANCE SYSTEMS, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• HIGH PERFORMANCE SYSTEMS, INC.

  1201 AMERICAN SUPERIOR BOULEVARD, WINTER HAVEN, FL, 33880-5553

  Registry ID: 110000872164

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)

• HIGH PERFORMANCE SYSTEMS, INC.entered 2013-06-25

  Primary law: RCRA

  Federal penalty: $15,000

Timeline (4 milestones)

• 2013-06-25Complaint Filed/Proposed Order
• 2013-06-25Final Order Issued
• 2013-07-02Enforcement Action Data Entered
• 2013-07-09Enforcement Action Closed