EPA v. GERDAU LONG STEEL NORTH AMERICA - JACKSONVILLE MILL

Case summary

8/13/15 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $55,200, DUE WITHIN 30 DAYS. ALLEGATIONS: ON OCT 16, 2012, EPA CONDUCTED A COMPLIANCE EVALUATION INSPECTION (CEI) AT RESPONDENT'S FACILITY. AT THE TIME, EPA OBSERVED VARIOUS CONTAINERS OF USED OIL THAT WERE UNLABLED, STORED W/OUT SECONDARY CONTAINMENT IN THE SHREDDER VEHICLE MAINTENANCE SHOP; THE MELT SHOP MEAINTENANCE LUBE OIL CENTER, THE LUBE AND USED OIL COLLECTION CENTER, THE CENTRAL COLLECTOIN ENVIRONMENTAL AREA, AND THE MILL SERVICES AREA. ALSO, RELEASES OF OIL WERE EVIDENT IN THE SHREDDER VEHICLE MAINTENANCE STORAGE AREA AND MILL SERVICES MAINTENANCE BLDG. EPA ALLEGES THAT RESPONDENT VIOLATED FLA. ADMIN. CODE ANN R. 62-710.210(2) AND 62-710.401(6) (40 CFR 279.22(c)(1) AND (3)) BY FAILING TO CLEARLY LABEL CONTAINERS OF OIL WITH THE WORDS USED OIL , FAILING TO PROVIDE SUCH CONTAINERS WITH SECONDARY CONTAINMENT, AND FAILING TO CLEAN UP AND PROPERLY MANAGE RELEASES OF USED OIL. EPA OBSERVED A 5-GAL CONTAINER OF UNKNOWN CONCENTRATE, A BLUE TRASH CAN OF PAINT DEBRIS, AND TRASH IN THE CENTRAL COLLECTION ENVIRONMENTAL AREA. EPA ALLEGES RESPONDENT VIOLATED FLA. ADMIN. CODE ANN R. 62-730.160(1) (40 CFR 262.11) BY FAILING TO CHARACTERIZE SOLID WASTES GENERATED AT THE FACILITY. EPA OBSERVED VARIOUS OPEN, UNLABELED CONTAINERS OF HAZ WASTE IN THE SHREDDER VEHICLE MAINTENANCE STORAGE AND THE MELT SHOP MAINTENANCE AREAS. EPA ALLEGES RESPONDENT VIOLATED FLA. ADMIN. CODE ANN R. 62-730.160(1) (40 CFR 262.34(c)(1)(I) AND (c)(1)(ii)), A CONDITION OF THE SAA PERMIT EXEMPTION, BY FAILING TO KEEP CONTAINERS OF HAZ WASTE CLOSED AND LABEL THEM WITH THE WORDS HAZ WASTE. EPA OBSERVED PILES OF K061 EAF DUST FROM THE TRUCK ENTRANCE OF THE BAGHOUSE 5 SILO AND CONTAINMENT BLDG. INSPECTORS OBSERVED HOLES IN THE METAL WALLS OF THE SILO BLDG. K061 EAF DUST WAS ALSO OBSERVED ON THE CONCRETE FLOOR UNDERNEATH THE SCREW CONVEYOR IN BAGHOUSE 5. EPA ALLEGES RESPONDENT VIOLATED FLA. ADMIN. CODE ANN. R. 62-730.160(1) (40 CFR 262.34(a)(4)) WHICH INCORPORATES FLA. ADMIN. CODE ANN R. 62-730.180(2) (40 CFR 265.31) AND IS A CONDITION OF THE LQG PERMIT EXEMPTION, BY FAILING TO MINIMIZE THE POSSIBLIITY OF A FIRE, EXPOSITION, OR ANY UNPLANNED SUDDENT OR NON-SUDDEN RELEASE OF HAZ WASTE OR HAZ WASTE CONSTITUTENTS TO AIR, SOIL, OR SURFACE WATER WHICH COULD THREATEN HUMAN HEALTH OR THE ENVIRONMENT. INSPECTORS OBSERVED PILES OF K061 EAF DUST FROM THE TRUCK ENTRANCE OF THE BAGHOUSE 5 SILO AND CONTAINMENT BLDG. THE DOOR TO THE CONTAINMENT BLDG WAS OPEN WHILE THE BLDG WAS NOT IN USE. THE INSPECTORS OBSERVED HOLES IN THE METAL WALLS OF THE SILO BLDG. EPA ALLEGES RESPONDENT VIOLATED FLA. ADMIN. CODE ANN R. 62-730.160(1) (40 CFR 262.34(a)(1)(iv)) BY FAILING TO ENSURE THE CONTAINMENT BLDG COMPLIES WITH THE REQUIREMENTS OF FLA. AMDIN. CODE ANN R. 62-730.180(2) (40 CFR 265.1101(c)). EPA OBSERVED 14 UNIVERSAL WASTE LAMPS IN A BLUE TRASH CAN AND A BUNDLE OF THE UNIVERSAL WASTE LAMPS ON AN OUTDOOR METAL SHELF. THE MAPS WERE NOT CONTAINED, LABELED OR DATED. EPA ALLEGES RESPONDENT VOILATED FLA. ADMIN. CODE ANN R. 62-737.400(5)(a)(5)(b)1 AND (7) (40 CFR 273.13(a), (c) AND (e) BY FAILING TO CONTAIN UNIVERSAL WASTE LAMPS IN CLOSED, LABELED, AND DATED CONTAINERS. THE RECORDS FOR WEEKLY INSPECTIONS OF THE BAGHOUSE 5 LESS THAN 90-DAY HAZ WASTE STORAGE AREA WERE NOT PROVIDED WITH THE TIME OF DAY, THE LEGIBLE NAME OF THE INSPECTOR OF THE NUMBER OF CONTAINERS IN STORAGE. EPA ALLEGES THAT RESPONDENT VIOLATED FLA. ADMIN. CODE ANN R. 62-730.160(5) (40 CFR 262.34(a)(1)(I)) WHICH INCORPORATES FLA. ADMIN. CODE ANN. R. 62-730.180(2) (40 CFR 265.174) AND IS A CONDITION OF THE LQG PERMIT EXEMPTION, BY FAILING TO MAINTAIN INSPECTION RECORDS THAT INCLUDE THE NECESSARY INFORMATION.

Defendants (1)

• GERDAU LONG STEEL NORTH AMERICA-JACKSONVILLE MILLNamed in complaintNamed in settlement

Facilities (1)

• CMC STEEL US, LLC

  16770 REBAR ROAD, JACKSONVILLE, FL, 32234-4100

  Registry ID: 110009072984

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)

• GERDAU LONG STEEL NORTH AMERICA - JACKSONVILLE MILLentered 2015-08-13

  Primary law: RCRA

  Federal penalty: $55,200

Timeline (4 milestones)

• 2015-08-13Complaint Filed/Proposed Order
• 2015-08-13Final Order Issued
• 2015-08-14Enforcement Action Closed
• 2015-08-20Enforcement Action Data Entered