EPA v. AMERICAN TECHNICAL CERAMICS FLORIDA, INC.

Case summary

8/8/13 - CONSENT AGMT ISSUED, ASSESSING PENALTY OF $41,100, DUE WITHIN 30 DAYS. ALLEGATIONS: ON MAY 10, 2010, EPA AND FDEP PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF RESPONDENT'S FACILITY. AT THE TIME OF THE CEI: - HAZ WASTE DETERMINATION HAD NOT BEEN PERFORMED ON UNUSABLE CHEMICALS/PRODUCTS GENERATED FROM AN INVENTORY/CLEANOUT OF CHEMICALS, LOCATED IN THE BLDG 8 90-DAY OR LESS STORAGE AREA, AND ON WASTE LIQUID ACCUMULATING IN A CONTAINER LOCATED IN THE BLDG 5 ANALYTICAL LAB. EPA ALLEGES RESPONDENT VIOLATED FLA ADMIN CODE ANN R 62-730.160(1) (40 CFR 262.11) BY FAILING TO MAKE A HAZ WASTE DETERMINATION ON SOLID WASTE GENERATED AT ITS FACILITY. - 5-GAL CONTAINER OF WASTE ACETONE, METHANOL AND/OR ALCOHOL ON THE BOTTOM FRONT ROW OF A CABINET IN THE TFR 90-DAY OR LESS STORAGE AREA WAS FOUND WITH THE TOP CAP NOT SECURED TIGHTLY IN A CLOSED POSITION. EPA ALLEGES RESPONDENT VIOLATED FLA STATE 403.722 (RCRA 3005) BY STORING HAZ WASTE W/OUT PERMIT OR INTERIM STATUS BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT EXEMPTION GIVEN IN FLA ADMIN CODE ANN R 62-730.160(1) (40 CFR 262.34(a)(1)(i) BY NOT COMPLYING WITH FLA ADMIN CODE ANN R 62-730.180(2) (40 CFR 265.173(a). - HAZ WASTE GENERATED FROM THE MLC, TFR AND RP PROCESS OPERATIONS WAS TREATED IN TANKS LOCATED IN BLDG 12 (WWT). TANKS LOCATED IN BLDG 12 DID NOT COMPLY WITH THE APPLICABLE HAZ WASTE TANK STANDARDS SET FORTH IN FLA ADMIN CODE ANN R 62-730.180(2) (40 CFR PART 265, SUBPART J) INCLUDING BUT NOT LIMITED TO REQUIREMENTS FOR A TANK INTEGRITY ASSESSMENT, TANK INSPECTIONS, TANK AND TANK ANCILLARY EQUIPMENT SECONDARY CONTAINMENT, AND ESTABLISHMENT OF A CLOSURE PLAN. EPA ALLEGES THAT RESPONDENT VIOLATED FLA STATE 403.722 (RCRA 3005) BY STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT EXEMPTION GIVEN IN FLA ADMIN CODE ANN R 62-730.160(1) (40 CFR 262.34(a)(1)(ii), BY NOT COMPLYING WITH FLA ADMIN CODE ANN R 62-730.180(2) (40 CFR PART 265, SUBART J). - 55-GAL CONTAINER OF PHOTO RESIST PAPER WIPES, A 55-GAL CONTAINER OF WASTE ALCOHOL, A 55-GAL CONTAINER OF WASTE ACETONE, A 20-GAL CONTAINER OF WASTE HYDROFLUORIC ACID, AND FOUR 5-GAL CONTAINERS OF WASTE ACETONE, METHANOL AND/OR ALCOHOL WERE FOUND IN THE TFR BUILDING 7 90-DAY OR LESS STORAGE AREA, AND 52 CONTAINERS RANGING FROM 5 CUBIC CENTIMETER SYRINGES TO 1,000 MILLILITER CONTAINERS WERE FOUND IN THE BLDG NUMBER 8 90-DAY OR LESS STORAGE AREA, W/OUT AN ACCUMULATION START DATE. EPA ALLEGES RESPONDENT VIOLATED FLA STATE 403.722 (RCRA 3005) BY STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT EXEMPTION BY NOT COMPLYING WITH FLA ADMIN CODE ANN R 62-730.160(1) (40 CFR 262.34(a)(2). - 55-GAL CONTAINER OF WASTE ALCOHOL, A 55-GAL CONTAINER OF WASTE ACETONE, A 20-GAL CONTAINER OF WASTE HYDROFLUORIC ACID AND 4 5-GAL CONTAINERS OF WASTE ACETONE, METHANOL AND/OR ALCOHOL WERE FOUND IN THE TFR BLDG 7 90-DAY OR LESS STORAGE AREA, AND 52 CONTAINERS RANGING FROM 5 CUBIC CENTIMETER SYRINGES TO 1,000 MILLILITER CONTAINERS WERE FOUND IN BLDG NUMBER 8 90-DAY OR LESS STORAGE AREA, WITHOUT BEING MARKED OR LABELED WITH THE WORDS HAZARDOUS WASTE. IN ADDITION, A 2000 GAL EQUALIZATION TANK, A 500-GAL CONICAL BATCH TANK, A FILTER PRESS, A 500-GAL EVAPORATOR DAY TANK, AN 800-GAL EVAPORATOR TANK, AND TWO EVAPORATOR TOWERS/STACKS WERE FOUND IN BLDG 12 W/OUT BEING MARKED OR LABELED WITH THE WORDS HAZARDOUS WASTE. EPA ALLEGES RESPONDENT VIOLATED FLA STATE 403.722 (RCRA 3005) BY STORING HAZ WATE W/OUT PERMIT OR INTERIM STATUS BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT EXEMPTION BY NOT COMPLYING WITH FLA ADMIN CODE ANN R 62-730.160(1) (40 CFR 262.34(a)(3)). SEE SENSITIVE COMMENTS FOR MORE.

Defendants (1)

• AMERICAN TECHNICAL CERAMICS FLORIDA, INC.Named in complaintNamed in settlement

Facilities (4)

• AMERICAN TECHNICAL CERAMICS

  2201 CORPORATE SQUARE BLVD., JACKSONVILLE, FL, 32216

  Registry ID: 110000832715

• AMERICAN TECHNICAL CERAMICS

  2201 CORPORATE SQUARE BLVD., JACKSONVILLE, FL, 32216

  Registry ID: 110000832715

• AMERICAN TECHNICAL CERAMICS

  2201 CORPORATE SQUARE BLVD., JACKSONVILLE, FL, 32216

  Registry ID: 110000832715

• AMERICAN TECHNICAL CERAMICS

  2201 CORPORATE SQUARE BLVD., JACKSONVILLE, FL, 32216

  Registry ID: 110000832715

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)

• AMERICAN TECHNICAL CERAMICS FLORIDA, INC.entered 2013-08-08

  Primary law: RCRA

  Federal penalty: $41,100

Timeline (4 milestones)

• 2013-08-08Final Order Issued
• 2013-08-08Complaint Filed/Proposed Order
• 2013-08-27Enforcement Action Data Entered
• 2019-03-12Enforcement Action Closed