EPA v. MERRICK INDUSTRIES, INC.

Case summary

5/2/13 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1700, DUE WITHIN 30 DAYS. ALLEGATIONS: ON OCT 17, 2012, EPA AND FDEP PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF RESPONDENT'S FACILITY. THE FINDINGS OF THE CEI WERE DOCUMENTED IN EPA'S INSPECTION REPORT RECEIVED BY THE FACILITY ON FEB 19, 2013. AT TIME TIME OF THE CEI, RESPONDENT HAD TWO SMALL CONTAINERS FOR THE ACCUMULATION OF UNIVERSALE WASTE BATTERIES THAT WERE NOT MARKED WITH THE DATE WHEN MERRICK STARTED ACCUMULATING THE BATTERIES. FURTHERMORE, RESPONDENT HAD NO RECORDS TO DOCUMENT FOR HOW LONG IT HAD STORED THE UNIVERSAL WASTE BATTERIES. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED F.A.C. CHAPTER 62-730.185(1) (40 CFR 273.15(c)) FOR FAILING TO DEMONSTRATE THE EARLIEST DATE THAT ITS UNIVERSAL WASTE BATTERIES BEGAN ACCUMULATING. AT TIME TIME OF THE CEI, A REVIEW OF RESPONDENT'S HAZ WASTE STORAGE AREA'S INSPECTION LOGS INDICATED THAT IN 2011, RESPONDENT STORED 4 HAZ WASTE CONTAINERS FOR LONGER THAN 180 DAYS. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED FLA STATE 403.722 (RCRA 3005) FOR STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS FOR LONGER THAN 180 DAYS.

Defendants (1)

• MERRICK INDUSTRIES, INC.Named in complaintNamed in settlement

Facilities (1)

• MERRICK INDUSTRIES

  10 ARTHUR DR, LYNN HAVEN, FL, 32444-1685

  Registry ID: 110000362349

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)

• MERRICK INDUSTRIES, INC.entered 2013-05-02

  Primary law: RCRA

  Federal penalty: $1,700

Timeline (4 milestones)

• 2013-05-02Enforcement Action Closed
• 2013-05-02Final Order Issued
• 2013-05-02Complaint Filed/Proposed Order
• 2013-07-02Enforcement Action Data Entered