EPA v. OPKO LAB, LLC

Case summary

8/4/15 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $17,700, DUE WITHIN 30 DAYS. ALLEGATIONS: ON DEC 10, 2013, EPA AND THE TN DEPT OF ENVIRONMENTAL AND CONSERVATION (TDEC) CONDUCTED AND COMPLIANCE EVALUATION INSPECTION (CEI) AT RESPONDENT'S FACILIITY. AT THE TIME OF THE CEI: - EPA AND TDEC OBSERVED THAT RESPONDENT HAD FAILED TO DATE 7 DRUMS OF HAZ WASTE (D001 AND f003) PLACED IN STORAGE. EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 68-212-108 OF THE GHWMA, TENN. CODE ANN SECTION 68-212-108 (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 FORTH IN TENN. COMP. R. & REGS. 0400-12-01-.03(4)(e)6 (40 CFR 262.34(d)(4)) BY NOT COMPLYING WITH THE DATING REQUIREMENTS OF TENN. COMP. R. & REGS. 0400-12-01-.03(4)(e)(6(iv) (40 CFR 262.34(a)(2). - EPA AND TDEC OBSERVED THAT RESPONDENT HAD FAILED TO CLOSE 7 DRUMS OF ACCUMULATED HAZ WASTE (D001 & F003) PLACED IN STORAGE. EPA ALLEGES RESPONDENT VIOLATED SECTION 68-212-108 OF THE THWMA, TENN. CODE ANN. 68-212-108 (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 FORTH IN TENN. COMP. R. & REGS. 0400-12-01-.03(4)(e)6(ii) (40 CFR 262.34(d)(2)), BY NOT CLOSING THE CONTAINER OF ACCUMULATED HAZ WASTE AS REQUIRED IN TENN. COMP. R. & REGS. 0400-12-01-.05(9)(d)1 (40 CFR 262.173(a)). - EPA AND TDEC OBSERVED THAT RESPONDENT HAD FAILED TO CLOSE 2 SATELLITE ACCUMULATION AREA CONTAINERS OF HAZ WASTE (D001 & F003). EPA ALLEGES RESPONDENT VIOLATED SEC 68-212-108 OF THE THWMA, TENN. CODE ANN. 68-212-108 (RCRA 3005) BY STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE SAA PERMIT EXEMPTION SET FORTH IN TENN. COMP. R. & REGS. 0400-12-01-.03(4)(e)5(I)(I) (40 cfr 262.34(C)(1)(I) BY NOT COMPLYING WITH THE CONTAINER MANAGEMENT REQUIREMENTS OF TENN. COMP. R. & REGS. 0400-12-01-.05(9)(d)(1) (40 CFR 265.173(a). - RESPONDENT HAD NOT DOCUMENTED APPROX 48 WEEKS OF CONTAINER INSPECTIONS PRIOR TO THE DATE OF THE CEI. EPA ALLEGES RESPONDENT VIOLATED SECTION 68-212-108 OF THE THWMA, TENN. CODE ANN. 68-212-108 (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 FORTH IN TENN. COMP. R. & 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 & REGS 0400-12-01

Defendants (1)

• OPKO LAB, LLCNamed in complaintNamed in settlement

Facilities (1)

• OPKO LAB, LLC

  1450 ELM HILL PIKE, NASHVILLE, TN, 37210

  Registry ID: 110045562253

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)

• OPKO LAB, LLCentered 2015-08-04

  Primary law: RCRA

  Federal penalty: $17,700

Timeline (4 milestones)

• 2015-08-04Complaint Filed/Proposed Order
• 2015-08-04Final Order Issued
• 2015-08-28Enforcement Action Closed
• 2015-09-03Enforcement Action Data Entered