EPA v. TRIUMVIRATE ENVIRONMENTAL (FLORIDA), INC.

Case summary

8/1/17 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $5,100. ALLEGATIONS: RESPONDENT OWNS AND OPERATES A HAZARDOUS WASTE TREATMENT AND STORAGE FACILITY. ON SEPT 28, 2016, EPA CONDUCTED A RECORDS REVIEW OF EXPORT ACTIVITIES FOR THE RESPONDENT'S FACILITY. THE RECORDS REVIEW IDENTIFIED THE FOLLOWING DEFICIENCIES: A. RESPONDENT FAILED TO REPORT THE EXPORT OF 86 POUNDS OF UN1849, A CHARACTERISTIC HAZ WASTE. THE EXPORT IS LISTED ON MANIFEST 005176036FLE BUT IT WAS NOT REPORTED ON RESPONDENT'S ANNUAL REPORT DUE TO EPA BY MARCH 1, 2014 (2013 ANNUAL REPORT). B. RESPONDENT FAILED TO ACCURATELY REPORT EXPORTS FOR 9 CHARACTERISTIC AND LISTED HAZARDOUS WASTE STREAMS IN THE ANNUAL REPORTS DUE TO EPA BY MARCH 1, 2013 (2012 ANNUAL REPORT), MARCH 1, 2014 (2013 ANNUAL REPORT), AND MARCH 1, 2015 (2014 ANNUAL REPORT). THE AMOUNT OF HAZARDOUS WASTE FOR THESE 9 WASTE STREAMS ON INDIVIDUAL WASTE STREAMS REPORTED IN THE CORRESPONDING ANNUAL REPORTS. C. RESPONDENT FAILED TO PROPERLY PREPARE MANIFESTS IN ACCORDANCE WITH THE INSTRUCTIONS REQUIRED IN 12 MANIFESTS IN 2013 AND 2014. RESPONDENT FAILED TO COMPLETE BLOCK 16 ON 9 MANIFESTS IN 2013 AND 2014. RESPONDENT FAILED TO COMPLETED ADDITIONAL INFO REQUIRED ON 3 ADD'L MANIFESTS IN 2013 AND 2014. ON JAN 5, 2017, EPA MAILED AN OPPORTUNITY TO SHOW CAUSE LETTER TO RESPONDENT'S FACILITY. ON MARCH 9, 2017, EPA CONDUCTED A SHOW CAUSE MEETING WITH RESPONDENT. EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 262.56(a)(4), WHICH REQUIRES PRIMARY EXPORTERS OF HAZARDOUS WASTE TO FILE A YEARLY REPORT SUMMARIZING THE TYPES, QUANTITIES, FREQUENCY, AND ULTIMATE DESTINATION OF ALL HAZ WASTE EXPORTED DURING THE PREVIOUS CALENDAR YEAR. SUCH REPORTS MUST INCLUDE FOR EACH HAZ WASTE, AMONG OTHER THINGS, A DESCRIPTION OF THE HAZ WASTE, THE TOTAL AMOUNT OF WASTE SHIPPED, AND THE NUMBER OF SHIPMENTS. EPA ALLEGES THAT RESPONDENT VIOLATED CONDITION II.A.2 OF THE PERMIT, AND FLA. ADMIN. CODE ANN r. 62.730.160(1) (40 CFR 262.20(a)(1)), WHICH REQUIRES A GENERATOR WHO TRANSPORTS, OR OFFERS FOR TRANSPORT, A HAZARDOUS WASTE FOR OFFSITE TREATMENT, STORAGE, OR DISPOSAL, TO PREPARE A MANIFEST ON EPA FORM 8700-22, IN ACCORDANCE WITH THE INSTRUCTIONS.

Defendants (1)

• TRIUMVIRATE ENVIRONMENTAL (FLORIDA), INC.Named in complaintNamed in settlement

Facilities (1)

• TRIUMVIRATE ENVIRONMENTAL SERVICES LLC

  10100 ROCKET BLVD, ORLANDO, FL, 32824-8565

  Registry ID: 110072195839

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• TRIUMVIRATE ENVIRONMENTAL (FLORIDA), INC.entered 2017-08-01

  Primary law: RCRA

  Federal penalty: $5,100

Timeline (4 milestones)

• 2017-08-01Complaint Filed/Proposed Order
• 2017-08-01Final Order Issued
• 2017-08-17Enforcement Action Data Entered
• 2017-08-31Enforcement Action Closed