EPA v. ASSOCIATED PATHOLOGISTS, LLC dba PATHGROUP

Case summary

4/21/15 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $19,500. ALLEGATIONS: ON DEC 11, 2013, EPA AND TDEC CONDUCTED A COMPLIANCE EVALUATION INSPECTION (CEI) AT RESPONDENT'S FACILITY. AT THE TIME OFTHE CEI, RESPONDENT HAD NOT MADE A HAZ WASTE DETERMINATION ON RECOVERED D001 ETHYL ALCOHOL WASTE STREAMS DISPOSED THRU THE DRAINAGE SYSTEM SERVICED BY THE CITY OF NASHVILLE. EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 262.11 BY FAILING TO MAKE A HAZ WASTE DETERMINATION ON CERTAIN SOLID WASTE GENERATED AT IT FACILITY. AT THE TIME OF THE CEI, EPA AND TDEC OBSERVED THAT RESPONDENT HAD FAILED TO CLOSE ONE DRUM OF D001 AND D002 HAZ WASTE GENERATED IN THE FISH ROOM/CYTOGENETICS ROOM. EPA ALLEGES RESONDENT VIOLATED RCRA 3005 VY STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE CAA PERMIT EXEMPTION SET FORTH IN TENN. COMP. R. AND REGS. 0400-12-01-.03(4)(e)5(I)(I) (40 CFR 262.34(c)(1)(I) BY NOT COMPLYING WITH THE CONTAINER MGMT REQUIREMENTS (40 CFR 265.173(a). AT THE TIME OF THE CEI, RESPONDENT HAD NOT DOCUMENTED APPROX 23 WEEKS OF CONTAINER INSPECTIONS IN THE PREVIOUS 3 YEARS FROM THE DATE OF INSPECTION. EPA ALLEGES RESPONDENT VIOLATED RCRA 3005 Y STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE SQG PERMIT EXEMPTION SET FORTH IN TENN. COMP. R. AND REGS. 0400-12-01-.03(4)(e)6(ii) [40 CFR 262.34(D)(2)] BY NOT COMPLYING WITH THE INSPECTION REQUIREMENTS OF TENN. COMP. R. AND REGS 0400-12-01-.05(9)(e) (40 CFR 265.174) RESPONDENT HAD NOT PROPERLY MARKED A BOX OF UNIVERSAL WASTE LAMPS AND 14 USED MICROSCOPE LIGHTS LOCATED IN THE ELECTRICAL ROOM, IN VIOLATION OF 40 CFR 274.14(e). RESPONDENT HAD NOT CLOSED A BOX OF UNIVERSAL WASTE LAMPS LOCATED IN THE ELCTRICAL ROOM, IN VIOLATION OF 40 CFR 273.13(d)(1).

Defendants (1)

• ASSOCIATED PATHOLOGISTS, LLC dba PATHGROUPNamed in complaintNamed in settlement

Facilities (1)

• PATHGROUP

  658 GRASSMERE PARK, STE 101, NASHVILLE, TN, 37211

  Registry ID: 110031352211

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)

• ASSOCIATED PATHOLOGISTS, LLC dba PATHGROUPentered 2015-04-21

  Primary law: RCRA

  Federal penalty: $19,500

Timeline (4 milestones)

• 2015-04-21Final Order Issued
• 2015-04-21Complaint Filed/Proposed Order
• 2015-04-23Enforcement Action Closed
• 2015-05-21Enforcement Action Data Entered