EPA v. PATHOLOGY AND CYTOLOGY LABORATORIES, INC.

Case summary

04/07/2015 - CONSENT AGMT FILED, ASSESSING A PENALTY OF $12,000 DUE WITHIN 30 DAYS. ALLEGATIONS: ON FEB 28, 2013, EPA CONDUCTED A COMPLIANCE EVALUATION INSPECTION (CEI). DURING THE CEI, RESPONDENT WAS REGISTERED AS A SQG. AT THE TIME OF THE CEI, EPA OBSERVED THAT RESPONDENT: - AS PART OF THE FACILITY OPERATIONS, GENERATES SPENT METHANOL AND SPENT ALCOHOL, HAZARDOUS SOLID WASTES CARRYING BOTH THE D001 (CHARACTERISTIC) AND F003 (LISTED) WASTE CODE DESIGNATIONS. - RESPONDENT HAD NOT MADE AN ADEQUATE HAZ WASTE DETERMINATION ON THE METHANOL AND ALCOHOL WASTES GENERATED AT THE FACILITY. EPA ALLEGES RESPONDENT VIOLATED 401 KY. ADMIN. REG 32:010 SECTION 2 (40 CFR 262.11) BY FAILING TO MAKE A HAZ WASTE DETERMINATION ON THE SPENT METHANOL AND SPENT ALCOHOL WASTES GENERATED AT THE FACILITY. - HAD FAILED TO LABEL VARIOUS CONTAINERS ACCUMULTING HAZ WASTE IN SATELLITE ACCUMULATION AREAS AT THE FACILITY WITH THE WORDS, HAZARDOUS WASTE OR WITH OTHER WORDS THAT IDENTIFY THE CONTENTS OF THE CONTAINERS. EPA ALLEGES RESPONDENT VIOLATED KY. REV. STAT. ANN. SECTION 224.46-520(1) (RCRA 3005) BY STORING HAZARDOUS WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE SAA PERMIT EXEMPTION BY NOT COMPLYING WITH THE HAZARDOUS WASTE LABELING REQUIREMENTS OF 401 KY. ADMIN. REG. 32:030 SECTION 5(1) (40 CFR 262.34(c)(1)(ii)). - HAD FAILED TO LABEL, CLOSE, DATE, AND ENSURE ADEQUATE AISLE SPACE WAS PROVIDED TO CONTAINERS OF HAZARDOUS WASTE IN THE FACILITY'S HAZARDOUS WASTE STORAGE AREA. EPA ALLEGES RESPONDENT VIOLATED KY. REV. STAT. ANN. 224.46-520(1) (RCRA 3005) BY STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE SQG PERMIT EXEMPTION SET FOR IN 401 KY. ADMIN. REG. 32:030 SECTION 5(1) (40 CFR 262.34(d)) BY NOT COMPLYING WIHT THE LABELING REQUIREMENTS, CONTAINER CLOSURE REQUIREMENTS, DATING REQUIREMENTS, AND AISLE SPACE REQUIREMENTS IN 401 KY. ADMIN. REG. 32:030 SECTION 5(1) (40 CFR 262.34(a)(2) AND (3)), 401 KY. ADMIN. REG. 35:030 SECTION 6 (40 CFR 265.35 AND 401 KY ADMIN REG 35:180 SECTION 6 (40 CFR 265 173(a)).

Defendants (1)

• PATHOLOGY AND CYTOLOGY LABORATORIES (SB)Named in complaintNamed in settlement

Facilities (1)

• PATHOLOGY ASSOCIATES, P.S.C.

  135 E. MAXWELL, LEXINGTON, KY, 40508

  Registry ID: 110009574139

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)

• PATHOLOGY AND CYTOLOGY LABORATORIES, INC.entered 2015-04-07

  Primary law: RCRA

  Federal penalty: $12,400

Timeline (4 milestones)

• 2015-04-07Complaint Filed/Proposed Order
• 2015-04-07Final Order Issued
• 2015-04-17Enforcement Action Closed
• 2015-06-18Enforcement Action Data Entered