EPA v. SOUTHEASTERN CONSTRUCTION & MAINTENANCE, INC.

Case summary

9/15/2015 - CONSENT AGREEMENT ISSUED, ASSSESSING A PENALTY OF $35,200. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: AT THE TIME OF THE FEBRUARY 2013 CEI, RESPONDENT HAD NOT CONDUCTED A PROPER HAZARDOUS WASTE DETERMINATION ON THE FOLLOWING WASTE STREAMS: AEROSOL CANS WITH IGNITABLE CONTENTS OBSERVED IN A TRASH; BUCKETS WITH SEVERAL INCHES OF HARDENED SOLVENT-BASED PAINT; CLUMPS CLUMPS OF HARDENED PAINT THROUGHOUT THE PAINTING AREA; WASTE SOLVENT; AND SPENT LIQUID THINNER. EPA THEREFORE ALLEGES THAT RESPONDENT FAILED TO MAKE A HAZARDOUS WASTE DETERMINATION SOLID WASTE GENERATED AT ITS FACILITY. AT THE TIME OF THE FEBRUARY 2013 CEI, RESPONDENT WAS NOT ABLE TO PRODUCE ANY HAZARDOUS WASTE MANIFESTS FOR F005 LISTED WASTES SHIPPED FOR OFFISE DISPOSAL, AND PERSONNEL STATED THAT SPENT RAGS AND/OR WIPES CONTAMINATED WITH F005 LISTED PAINT THINNER WERE DISCARDED IN THE REGULAR TRASH. THE EPA THEREFORE ALLEGES THAT RESPONDENT FAILED TO USE A HAZARDOUS WASTE MAINFEST FOR EACH OFF-SITE SHIPMENT OF F005 CONTAMINATED RAGS. AT THE TIME OF THE FEBRUARY 2013 CEI, RESPONDENT WAS STORING HAZARDOUS WAST STILL BOTTOMS IN A 55-GALLON CONTAINER THAT WAS NOT LABELED WITH THE ACCUMULATION START DATE. THE EPA THEREFORE ALLEGES THAT RESPONDENT FAILED TO MEED A CONDITION OF THE SQG PERMIT EXEMPTION BY STORING HAZARDOUS WASTE WITHOUT A PERMIT OR INTERIM STATUS. AT THE TIME OF THE FEBRUARY 2013 CEI, RESPONDENT WAS STORING HAZARDOUS WASTE STILL BOTTOMS IN 55-GALLON CONTAIN THAT WAS NOT LABELED WITH THE WORDS HAZARDOUS WASTE . THE EPA THEREFORE ALLEGES THAT RESPONDENT FAILED TO MEET A CONDITION OF THE SQG PERMIT EXEMPTION SET FORTH IN FLA. ADMIN. CODE ANN. R. 62-730.160(1) BY NOT COMPLYING WITH THE LABELING REQUIREMENTS. AT THE TIME OF THE FEBRUARY 2013 CEI, RESPONDENT WAS STORING HAZARDOUS WASTE STILL BOTTOMS AND LIQUID PAINT WAST IN 55-GALLON CONTAINERS NEAR THE STILL THAT WERE EITHER CLOSED NOR LABELED WITH THE WORDS HAZARDOUS WASTE OR WITH OTHER WORDS IDENTIFYING THEIR CONTENTS. THE EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED SECTION 403.722 OF THE FLORIDA STATUTES, BY STORING HAZARDOUS WASTE WITHOUT A PERMIT OR INTERMIN STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE SAA PERMIT EXEMPTION BY NOT COMPLYING WITH THE LABELING REQUIREMENTS OR WITH THE CONTAINER MANAGEMENT REQUIREMENTS. AT THE TIME OF THE FEBRUARY 2013 CE, FDEP OBSERVED SEVERAL AREAS AT THE FACILITY WITH POOR HOUSEKEEPING, INCLUDING AREAS WITH OPEN CONTAINERS OF IGNITABLE HAZARDOUS WASTE AND BUCKETS OF ACME RACK COATING IN POOR CONDITION, AT LEAST OE OF WHICH WAS LEAKING. FDEP ALSO OBSERVED A LARGE STORAGE SHED CONTAINING NUMEROUS CANS OF EXPIRED AND OFF-SPECULATION SOLVENT PAITNS THAT RESPONDENT STATED WERE WASTES. THE EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED SECTION 403.722 OF THE FLORIDA STATUTES, SECTION 403.722 [SECTION 3005 OF RCRA] BY STORING HAZARDOUS WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE SQG PERMIT EXEMPTION, BY NOT COMPLYING WITH THE MAINTENANCE AND OEPRATION REQUIREMENTS OF FLA. ADMIN. CODE ANN. r. 62-730.180(2) [40 CFR SECTION 265.31]. AT THE TIME OF THE FEBRUARY 2013 CEI, RESPONDENT HAD NOT DESIGNATED AT LEAST ONE EMPLOYEE AS THE EMERGENCY COORDINATOR, AND FACILITY PERSONNEL WERE NOT FAMILIAR WITH EMERGENCY RESPONSE PROCEDURES. THE EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATION SECTION 403.722 OF THE FLORIDA STATUS, FLA. ST. SECTION 403.722, BY STORING HAZARDOUS WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE SQG PERMIT EXEMPTION BY NOT COMPLYING WITH THE EMERGENCY PREPAREDNESS REQUIREMENTS OF FLA. ADMIN. CODE ANN. r.62.730.160(1).

Defendants (1)

• SOUTHEASTERN CONSTRUCTION & MAINTENANCE, INC.Named in complaintNamed in settlement

Facilities (1)

• SOUTHEASTERN CONSTRUCTION & MAINTENANCE

  1150 PEBBLEDALE RD, MULBERRY, FL, 338607857

  Registry ID: 110005610428

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)

• SOUTHEASTERN CONSTRUCTION & MAINTENANCE, INC.entered 2015-09-15

  Primary law: RCRA

  Federal penalty: $35,200

Timeline (4 milestones)

• 2015-09-15Final Order Issued
• 2015-09-15Complaint Filed/Proposed Order
• 2015-09-19Enforcement Action Data Entered
• 2015-10-05Enforcement Action Closed