EPA v. FAR RESEARCH, INC. dba FAR CHEMICAL, INC.

Case summary

9/1/15 - CONSENT AGMT ISSUED, ASSESSING PENALTY OF $53,253, DUE WITHIN 30 DAYS. ALLEGATIONS: ON FEB 29, 2014, RESPONDENT NOTIFIED FDEP THAT FACILITY IS A LQG OF HAZ WASTE, MEANING THAT IT GENERATES GREATER THAN 1,000 KGs OF HAZ WASTE, OR 1 KG OF ACUTE HAZ WASTE, PER MONTH. IN ITS FEB 19, 2014 BIENNIAL REPT, RESPONDENT REPORTED THAT IT GENERATED THE FOLLOWING HAZ WASTES: D001, D002, D028, D035, D038, F002, F003, F005, AND P106. ON DEC 18, 2013, EPA AND FDEP PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI). AT THE TIME OF THE CEI, RESPONDENT WAS STORING NUMEROUS CONTAINERS OF WASTE IN THE LAB AREA, INCLUDING ACETONE, SODIUM CYANIDE, AND OTHER CHEMICALS. MANY OF THE CONTAINERS OF WASTE LAB CHEMICALS WERE VERY RUSTY AND A FEW CONTAINERS HAD BEEN CRYSTALLIZING AT THE CAP. SOME OF THE CONTAINERS WERE MARKED AS DISPOSAL , WASTE , AND HAZARDOUS WASTE ALTHOUGH RESPONDENT HAD NOT MADE A HAZ WASTE DETERMINATION ON THESE WASTE LAB CHEMICALS. EPA ALLEGES RESPONDENT VIOLATED SUBSECTION 62-730.160(1), FL. ADMIN. CODE ANN. R. (40 CFR 262.11) BY FAILING TO MAKE A HAZ WASTE DETERMINATION ON THE WASTE LAB CHEMICALS GENERATED AT THE FACILITY'S LAB AREA. EPA ALLEGES RESPONDENT VIOLATED 403.722, FLA. STAT. (RCRA 3005) BY STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT EXEMPTION IN SUBSECTION 62-730.160(1), FLA. ADMIN. CODE ANN. R. (40 CFR 262.34(a)(4) BY NOT COMPLYING WITH THE MAINTENANCE AND OPERATION REQUIREMENTS OF SUBSECTION 62-730.180(2), FLA. ADMIN. CODE ANN. R (40 CFR 265.31). RESPONDENT WAS STORING IGNITABLE (D001) AND/OR REACTIVE (D003) HAZ WASTE AT A LOCATION W/IN BLDG 6, WHICH IS LESS THAN 50 FT FROM THE PROPERTY LINE. EPA ALLEGES RESPONDENT VIOLATED 403.722, FLA. STATE. (RCRA 3005) BY STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT EXEMPTIOSET FORTH IN SUBSECTION 62-730.160(1), FLA. ADMIN. CODE ANN. R. (40 CFR 262.34(a)(4), BY NOT COMPLYING WITH THE SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTES ESTABLISHED IN SUBSECTION 62-730.180(2), FLA. ADMIN CODE ANN R (40 CFR 265.176). RESPONDENT WAS UTILIZING 5 SAAs AT THE FACILITY LOCATED NEAR THE ROLL-UP DOOR OF BLDG 2. THE CONTAINERS LOCATED IN THESE 5 SAAs STORED WASTE SODIUM CYANIDE LINERS (D003 AND P106), USED OIL FILTERS (F002), AND USED CUNO CLOTH FILTERS (D028, D035, D038, AND F005) THAT HAD BEEN GENERATED IN BLDGS 2, 5, AND 14. THE MGMT OF THESE CONTAINERS OF HAZ WASTE DID NOT MEET THE REQUIREMENTS OF THE SAA PERMIT EXEMPTION, AS THE CONTAINERS FROM BLDGS 5 & 14 WERE NOT AT OR NEAR THE POINT OF GENERATION AND WERE NOT UNDER THE CONTROL OF THE OPERATOR. EPA ALLEGES RESPONDENT VIOLATED 403.722 FLA STATE (RCRA 3005) FOR STORING HAZ WASTE W/OUT PERMIT OR INTERIM STATUS, BY FAILING TO MEET REQUIREMENTS OF THE LQG PERMIT EXEMPTION PROVIDED IN FLA. ADMIN. CODE ANN. R. 62-730.160(1) (40 CFR 262.34(a)(2) BY NOT COMPLYING WITH THE SAA PERMIT EXEMPTION REQUIREMENTS. RESPONDENT FAILED TO CONDUCT 3 WEEKLY INSPECTIONS OF CONTAINERS OF HAZ WASTE STORED IN BLDG 6 AND BLDG 2 AREA. EPA ALLEGES RESPONDENT VIOLATED 403.722 FLA. STATE (RCRA 3005) BY STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT EXEMPTION IN SUBSECTION 62-730.160(1), FLA. ADMIN. CODE ANN R (40 CFR 262.34(a)(4) BY NOT COMPLYING WITH THE INSPECTION REQUIREMENTS OF FLA ADMIN COD R. 62-730.180(2) (40 CFR 265.174) AND SUBSECTION 62-730.160(6), FLA ADMIN CODE ANN R. RESPONDENT'S CONTINGENCY PLAN DID NOT INCLUDE THE LAB AND MAINTENANCE OPERATIONS AREAS, WHICH WERE BEING USED TO MANAGE HAZ WASTE. EPA ALLEGES RESPONDENT VIOLATED 403.722 FLA STATE (RCRA 3005) BY STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT EXEMPTION IN SUBSECTION 62-730.160(1) FLA ADMIN CODE R (40 CFR 262.34(a)(4) BY NOT COMPLYING W/CONTINGENCY PLAN REQUIREMENT.

Defendants (1)

• FAR RESEARCH, INC. dba FAR CHEMICAL, INC.Named in complaintNamed in settlement

Facilities (1)

• FAR RESEARCH, INC. (DBA FAR CHEMICAL, INC.)

  2210 WILHELMINA COURT, NE, PALM BAY, FL, 329052548

  Registry ID: 110000363357

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)

• FAR RESEARCH, INC. dba FAR CHEMICAL, INC.entered 2015-09-03

  Primary law: RCRA

  Federal penalty: $53,253

Timeline (4 milestones)

• 2015-09-03Final Order Issued
• 2015-09-03Complaint Filed/Proposed Order
• 2015-09-11Enforcement Action Data Entered
• 2015-09-16Enforcement Action Closed