EPA v. NICOPURE LABS LLC

Case summary

7/27/2017 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $62,600, DUE WITHIN 30 DAYS. ALLEGATIONS: ON MAY 19, 2016, EPA AND FDEP CONDUCTED A COMPLIANCE EVALUATION INSPECTION (CEI) AT REPONDENT'S FACILITY. EPA AND FDEP OBSERVED SEVERAL NICOTINE CARTRIDGES OF TRIBECA NICOTINE E-LIQUID, A P075 HAZ WASTE, ON THE GROUND UNDERNEATH TWO PLASTIC PALLETS IN THE FULFILLMENT AREA. EPA ALLEGES RESPONDENT VIOLATED SEC 403.722 OF THE FL STATUTES (RCRA 3005) BY STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LGQ PERMIT EXEMPTION SET FORTH IN FLA ADMIN CODE ANN R. 62-730.160(1) (40 CFR 262.34(a)(1)(I) BY NOT PLACING HAZ WASTE IN CONTAINERS AND COMPLYING WITH THE APPLICABLE REQUIREMENTS OF SUBPARTS I. ALSO, EPA ALLEGES RESPONDENT VIOLATED SECTION 403.722 OF THE FL STATUTES, FLA. STATE. 403.722 (RCRA 3005) BY STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT BY NOT COMPLYING WITH THE MAINTENANCE AND OPERATION REQUIREMENTS. EPA AND FDEP OBSERVED A 250-GAL POLY TOTE OF WASTE RINSATE, A P075 HAZ WASTE, THAT WAS MARKED WITH AN ACCUMULATION START DATE OF FEB 9, 2016, THAT HAD BEEN ACCUMULATED 10 DAYS OVER THE 90 DAY STORAGE LIMIT. EPA ALLEGES RESPONDENT VIOLATED 403.722 OF THE FL STATUTES, FLA. STAT. 403.722 (RCRA 3005) BY STORING HAZ WASTE IN EXCESS OF 90 DAYS W/OUT A PERMIT OR INTERIM STATUS, IN VIOLATION OF FLA ADMIN CODE ANN R. 62-730.160(1) (40 CFR 262.34(b)). EPA AND FDEP OBSERVED THAT THERE WAS NO AISLE SPACE IN THE HAZ WASTE STORAGE AREA (HWSA) BETWEEN THE PALLETS AND ROWS OF CARBOYS, WHICH CONTAINED WASTE RESIDUAL NICOTINE LIQUID SOLUTION, A P075 HAZ WASTE. EPA ALLEGES RESPONDENT VIOLATED SECTION 403.722 OF THE FL STATUTES, FLA. STATE. 403.722 (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 SET FORTH IN FLA ADMIN CODE ANN 62-730.160(1) (40 CFR 262.34(a)(4) BY NOT COMPLYING WITH THE AISLE SPACE REQUIREMENTS OF FLA ADMIN CODE ANN R. 62.730.180(2) (40 CFR 265.35). EPA AND FDEP OBERVED THE FOLLOWING CONTAINERS OF P075 HAZ WASTE THAT WERE NOT MARKED WITH AN ACCUMULATION START DATE: A. ONE FULL 55-GAL DRUM, LOCATED IN THE HWSA, OF WASTE FINISHED GOODS, WHICH WAS A RETURN AND THAT WAS DISCARDED; AND; B. NUMEROUS CARBOYS LOCATED IN THE CLEAN ROOM FOR MIXING OF WASTE RESIDUAL NICOTINE SOLUTION. EPA ALLEGES RESPONDENT VIOLATED SECTION 403.722 OF THE FL STATUTES, FLA. STAT. 403.722 (RRA 3005) BY STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT EXEMPTION BY NOT COMPLYING WITH THE DATING REQUIREMENT OF FLA ADMIN CODE ANN R 62-730.160(1) (40 CFR 262.34(a)(2)). EPA AND FDEP OBSERVED THE FOLLOWING CONTAINERS OF P075 HAZ WASTE THAT WERE NOT LABELED: A. FIVE PALLETS OF CARBOYS, EACH WITH 64 CARBOYS, LOCATED IN THE HWSA, CONTAINING WASTE RESIDUAL NICOTINE LIQUID SOLUTION, A P075 HAZ WASTE; B. ONE FULL 55-GAL DRUM OF WASTE FINISHED GOODS, WHICH WAS A RETURN/DISCARDED PRODUCT, THUS A P075 ACUTE HAZ WASTE; AND C. NUMEROUS CARBOYS, LOCATED IN THE CLEAN ROOM FOR MIXING, OF WASTE RESIDUAL NICOTINE SOLUTION. EPA ALLEGES RESPONDENT VIOLATED SECTION 403.722 OF THE FL STATUTES, FLA. STAT. 403.722 (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 BY NOT COMPLYING WITH THE LABELING REQUIREMENTS OF FLA ADMIN COD ANN R 62-730.160(1) (40 CFR 262.34(a)(3)). EPA AND FDEP OBSERVED THE FOLLOWING CONTAINERS OF P075 HAZ WASTE THAT WERE OPEN: A. A RED CART FILLED WITH OPEN BLACK TRASH BAGS OF WASTE NICOTINE CONTAMINATED WIPES AND DEBRIS, AND BROKEN AND LEAKING BOTTLES OF WASTE LIQUID NICOTINE, ALL P075 HAZ WASTES; AND B. A PUSH CART IN THE RETAIL AND WHOLESALE DEPTS UED FOR HAZ WASTE CLEANUP AROUND THE FACILITY WITH AN OPEN TRASH BAG INSIDE. SEE SENSITIVE COMMENTS.

Defendants (1)

• NICOPURE LABS LLCNamed in complaintNamed in settlement

Facilities (1)

• BALL CONTAINER, LLC

  5909 NORTHWEST 18 DRIVE, GAINESVILLE, FL, 32653-1690

  Registry ID: 110017416232

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)

• NICOPURE LABS LLCentered 2017-08-01

  Primary law: RCRA

  Federal penalty: $62,600

Timeline (4 milestones)

• 2017-08-01Final Order Issued
• 2017-08-01Complaint Filed/Proposed Order
• 2017-08-23Enforcement Action Data Entered
• 2017-08-31Enforcement Action Closed