EPA v. KEY SAFETY SYSTEMS

Case summary

7/8/14 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $29,200, DUE WITHIN 30 DAYS. ALLEGATIONS: ON SEPT 27, 2012, EPA AND FDEP PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI). AT THE TIME OF THE CEI, RESPONDENT HAD 8 ASSEMPLY LINES AND EACH LINE HAD A 5-GAL SATELLITE ACCUMULATION AREA (SAA) BOX TO STORE REJECTED MATERIALS WHICH ARE HAZ WASTE. THE INSPECTION TEAM FOUND AN UNLABELED BOX STORING HAZ WASTE AT THE CELL DESIGNATOR IV. IN RESPONDENT'S BLDG 10, MILLED NITRO-GUANIDINE IS BLENDED WITH STRONTIUM NITRATE, POTASSIUM NITRATE AND CUPRIC OXIDE. THE WASTEWATER GENERATED FROM THIS PROCESS PASSES THRU A FILTER PRESS PLATE AND IS STORED IN 2 55-GAL SAA DRUMS. THE SLUDGE GENERATED IS K044 HAZ WASTE. ONE OF THE DRUMS WAS NOT LABELED. THE INSPECTION TEAM FOUND AN OPEN 7-GAL WHITE SAA CONTAINER STORING REJECTED INFLATORS, AN EXPLOSIVE HAZ WASTE (D003), AT THE CONTROLLED CONFORMANCE TESTING LAB. IN RESPONDENT'S BLDG 10, MILLED NITRO-GUANIDINE IS BLENDED WITH STRONTIUM NITRATE, POTASSIUM NITRATE AND CUPRIC OXIDE. THE WASTEWATER GENERATED FROM THIS PROCESS PASSES THRU A FILTER PRESS PLATE. THE SLUDGE IS K044 HAZ WASTE. THE K044 HAZ WASTE IS STORED IN 2 55-GAL DRUMS. BOTH DRUMS WERE OPEN. BLDG 10 HAS A WET SCRUBBER TO REMOVE AIR EXPLOSIVE PARTICLES. THE MATERIAL (K044/D003 HAZ WASTE) IS COLLECTED IS A 55-GAL SAA DRUM, WHICH WAS OPEN. RESPONDNET WAS STORING A BLUE PLASTIC 55-GAL DRUM FOR HAZ WASTE (D002-NITRIC ACID) AND A SMALL WHITE GAL CONTAINER STORING CHROMIC ACID (D002) AT THE LEAN-TO) 90-DAY HAZ WASTE ACCUMULATION AREA. THE DRUMS WERE NOT DATED. RESPONDENT WAS STORING 5 10-GAL SAA CONTAINERS OF INFLATORS (D003) AT MAGAZINE H5. THE INSPECTION TEAM WAS INFORMED THAT THE PROCESS THAT GENERATED THE WASTE NO LONGER EXISTS. EPA DETERMINED THAT THE AREA HAD TO BE CONSIDERED 90-DAY STORAGE AREA. THE CONTAINERS WERE NOT DATED. RESPONDENT WAS STORING A BOX OF WASTE LEAD STYPHNATE PRIMER CAPS (D003, D008) DATED 2/25/09 GENERATED IN THE RESEARCH & DEVELOPMENT LAB AT MAGAZINE H5. INSPECTION TEAM WAS INFORMED THAT THE PROCESS THAT GENERATED TEH WASTE NO LONGER EXISTS. EPA DETERMINED THAT THE AREA HAD TO BE CONSIDERED A 90-DAY HAZ WASTE STORAGE AREA. THE INSPECTION TEAM NOTICED THE LIST OF EMERGENCY CONTACTS, INCLUDING THE EMERGENCY COORDINATORS, WAS POSTED THROUGHOUT THE FACILITY, BUT IT WAS NOT IN THE CONTINGENCY PLAN, AND AT LEAST 2 OF THE POSTINGS LISTED THE INCORRECT POERSON AS THE EMERGENCY COORDINATOR. ADDITIONALLY, THERE WAS NO EVIDENCE THAT RESPONDENT SUBMITTED THE REVISED CONTINGENCY PLAN TO OR MADE ARRANGEMENTS WITH THE LOCAL HOSPITALS, FIRE DEPTS OR POLICE. INSPECTION TEAM FOUND A METAL CABINET THAT HAD A SIGN ON THE INSIDE THAT READ CHEMICALS FOR DISPOSAL AND ALSO HAZARDOUS WASTE. THIS AREA WAS STORING: INK FOR INKPAD, COMBUSTIBLE LIQUID MINERAL OIL, CS-200 WASTE LABEL 2/3/11, PHENOL PHASE TABLETS AND A SMALL CONTAINER (APPROX 230 cc) OF AN UNKNOWN MATERIAL. RESPONDENT DID NOT PERFORM A HAZ WASTE DETERMINATION ON THESE MATERIALS. A RECORDS REVIEW INDICATED THAT RESPONDENT DID NOT DOCUMENT THE ATTEMPT TO MAKE THE REQUIRED ARRANGEMENTS WITH LOCAL AUTHORITIES, STATE, AND LOCAL EMERGENCY RESPONSE TEAMS, AND/OR AN AGMT WITH AN EMERGENCY RESPONSE CONTRACTOR AND EQUIPMENT SUPPLIER.

Defendants (1)

• KEY SAFETY SYSTEMS, INC.Named in complaintNamed in settlement

Facilities (1)

• BREED TECHNOLOGIES INC

  5300 ALLEN K. BREED HWY, LAKELAND, FL, 33811

  Registry ID: 110021361177

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)

• KEY SAFETY SYSTEMSentered 2014-07-08

  Primary law: RCRA

  Federal penalty: $29,200

Timeline (4 milestones)

• 2014-07-08Final Order Issued
• 2014-07-08Complaint Filed/Proposed Order
• 2014-07-17Enforcement Action Data Entered
• 2014-08-04Enforcement Action Closed