EPA v. PERKO, INC.

Case summary

7/18/13 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $35,100, DUE WITHIN 30 DAYS. ALLEGATIONS: RESPONDENT MANUFACTURES MARINE LIGHTS, HARDWARE, AND ACCESSORIES. FACILITY OPERATIONS INCLUDE SAND CASTING, DIE CASTING, ELECTROPLATING, MACHINING, PLASTIC INJECTION MOLDING, PAINTING, AND EQUIPMENT MAINTENANCE. HAZ WASTE GENERATED BY RESPONDENT INCLUDE: SOLVENT WASTE (D001, D035, F003, F005) FROM PAINTING PROCESS; PLATING WASTE SLUDGE (F006) FROM ITS WASTEWATER TREATMENT PLANT; WASTE CHROMIC ACID SOLUTIOON (D002, D007), WASTE BRIGHT NICKEL BATH SOLUTIONS (D007, D008) AND CYANIDE WASTE (D003, D005, D007, AND F006) FROM THE PLATING PROCESSES. ON MAR 9, 2010, EPA PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) AT THE FACILITY. AT THE TIME OF THE CEI, EPA OVSERVED VARIOUS CONTAINERS OF HAZ WASTE IN THE PAINT BOOTH AREA SATELLITE ACCUMULATION AREA THAT WERE NOT CLOSED AND WERE NOT PROPERLY LABELED WITH THE WORDS HAZARDOUS WASTE OR OTHER WORDS THAT IDENTIFY THE CONTENTS AS REQUIRED. AT THE TIME OF THE CEI, EPA OBSERVED THAT A CONTAINER OF EXCESS HAZ WASTE LOCATED IN THE PAINT BOOTH AREA WAS NOT MARKED WITH THE DATE THE EXCESS AMOUNT OF HAZ WASTE BEGIN ACCUMULATING AS REQUIRED. AT THE TIME OF THE CEI, EPA OBSERVED CERTAIN CONTAINERS OF CHEMICAL SUBSTANCES WHICH EPA ALLEGES WERE HAZARDOUS WASTES THAT WERE NOT BEING MANAGED IN ACCORDANCE WITH THE FLA ADMIN CODE ANN R 62-160(1) (40 CFR 262.34(a)(1)-(4) LQG PERMIT EXEMPTION. AT THE TIME OF THE CEI, EPA OBSERVED A 30-GALLON UNIVERSAL WASTE BATTERY CONTAINER THAT WAS NOT LABELED WITH THE WORDS UNIVERSAL WASTE-BATTERY(IES) OR WASTE BATTERY(IES) OR USED BATTERY(IES) AND FOR WHICH RESPONDENT WAS UNABLE TO DEMONSTRATE THE LENGTH OF TIME THAT THE UNIVERSALE WASTE HAD ACCUMULATED. AT THE TIME OF THE CEI, EPA OBSERVED THAT A 55-GAL USED OIL CONTAINER THAT WAS NOT LABELED WITH THE WORDS USED OIL, OR WASTE OIL, IN VIOLATION OF FLA ADMIN CODE ANN R 62-710.210(2) (40 CFR 279.22(c)(1). AT THE TIME OF THE CEI, THE EPA NOTED THAT THE FACILITY DID NOT HAVE RECORDS TO DOCUMENT THAT APPROPRIATE TRAINING HAD BEEN GIVEN TO CERTAIN FACILITY PERSONNEL AND HAD FAILED TO MAINTAIN A WRITTEN JOB DESCRIPTION FOR EACH POSITION RELATED TO HAZARDOUS WASTE MANAGEMENT AT THE FACILITY AS REQUIRED.

Defendants (1)

• PERKO, INC.Named in complaintNamed in settlement

Facilities (4)

• PERKO INC

  16490 NW 13TH AVE, MIAMI, FL, 33169-5707

  Registry ID: 110000872967

• PERKO INC

  16490 NW 13TH AVE, MIAMI, FL, 33169-5707

  Registry ID: 110000872967

• PERKO INC

  16490 NW 13TH AVE, MIAMI, FL, 33169-5707

  Registry ID: 110000872967

• PERKO INC

  16490 NW 13TH AVE, MIAMI, FL, 33169-5707

  Registry ID: 110000872967

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)

• PERKO, INC.entered 2013-07-18

  Primary law: RCRA

  Federal penalty: $35,100

Timeline (4 milestones)

• 2013-07-18Complaint Filed/Proposed Order
• 2013-07-18Final Order Issued
• 2013-08-14Enforcement Action Closed
• 2013-08-22Enforcement Action Data Entered