EPA v. ECOFLO, INC.

Case summary

3/29/18 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $25,200, DUE WITHIN 30 DAYS. ALLEGATIONS: ON APR 20, 2017, EPA AND THE NC DEQ CONDUCTED A COMPLIANCE EVALUATION INSPECTION (CEI) AT RESPONDENT'S FACILITY. DURING THE CEI, EPA AND DEQ INSPECTORS OBSERVED: - THAT ONE 5-GAL BUCKET WAS LOCATED IN THE AISLE SPACING BETWEEN TWO ROWS OF HAZ WASTE IN THE TOXICS STORAGE VAULT. EPA ALLEGES RESPONDENT VIOLATED THE HW PERMIT BY FAILING TO MAINTAIN AISLE SPACE. RESPONDENT FAILED TO MAINTAIN A MINIMUM AISLE SPACE OF 2 FEET AT ALL TIMES, EXCEPT AS DESCRIBED IN SECTIONS D-1(a)(4) AND F-3(b) OF THE PART B APPLICATION. - THAT LIQUID WASTE POOLED ON THE TOP OF A HAZ WASTE TOTE IN THE PERMITTED TOXIC MATERIALS CONTAINER STORAGE AREA. EPA ALLEGES RESPONDENT VIOLATED THE HW PERMIT BY FAILING TO RESPOND TO A SMALL SPILL OF LIQUIDS IN THE TOXIC MATERIALS STORAGE AREA. -- THAT RESPONDENT WAS CONDUCTING WASTE MGMT ACTIVITIES THAT WERE NOT DESCRIBED IN THE PERMIT. SPECIFICALLY, RESPONDENT WAS SEGREGATING MATERIALS FROM THE INCOMING LAB-PACK CONTAINERS, AND CONSOLIDATING LIKE MATERIALS FOR FURTHER MGMT AND ULTIMATE TREATMENT AND/OR DISPOSAL. EPA ALLEGES RESPONDENT VIOLATED 15A NCAC 13A.0113 (40 CFR 270.1(c)) AND SECTIONS 130A0294(c) OF THE NCSWML, N.C.G.S. SECTION 130A-294(c) (RCRA 3005)) BY FAILING TO HAVE A PERMIT DURING THE ACTIVE LIFE (INCLUDING THE CLOSURE PERIOD) OF A HAZ WASTE MGMT UNIT. - THAT THE NEUTRALIZATION TANK DESCRIBED IN THE PERMIT HAD BEEN REPLACED BY A NEUTRALIZATION PROCESS USING TWO INTERMEDIATE BULK CONTAINER TOTES. THE FORMER PERMITTED NEUTRALIZATION PROCESS WAS NO LONGER PRESENT AT THE FACILITY. RESPONDENT HAD NOT NOTIFIED DEQ BEFORE REMOVING THE UNIT FROM SERVICE AND REPLACING IT WITH A NEW NEUTRALIZATION PROCESS; AND HAD NOT PERFORMED RCRA CLOSURE ON THE UNIT. EPA ALLEGES RESPONDENT VIOLATED THE HW PERMIT BY FAILING TO GIVE NOTICE TO THE DEPARTMENT AS SOON AS POSSIBLE OF ANY PLANNED PHYSICAL ALTERATIONS OR ADDITIONS TO THE PERMITTED FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE HW PERMIT BY FAILING TO CONDUCT CLOSURE OF THE NEUTRALIZATION TANK ACCORDING TO THE CLOSURE PLAN. EPA ALLEGES RESPONDENT VIOLATED THE HW PERMIT BY FAILING TO NOTIFY DEQ IN WRITING AT LEAST 45 DAYS PRIOR TO BEGINNING CLOSURE OF THE PERMITTED NEUTRALIZATION TANK. - THAT RECORDS OF QUARTERLY AIR MONITORING EVENTS ARE MARKED WITH THE LAST DATE OF THE MONITORING EVENT; THEY DO NOT INCLUDE REQUIRED CALIBRATION ACTIVITIES; AND THEY DO NOT INCLUDE THE TIME OF EACH READING. EPA ALLEGES RESPONDENT VIOLATED THE HW PERMIT BY FAILING TO CALIBRATE THE PORTABLE ORGANIC VAPOR ANALYZER BEFORE USE EACH DAY OF LDAR MONITORING. EPA ALLEGES RESPONDENT VIOLATED THE HW PERMIT BY FAILING TO INCLUDE: (i) DATE, EXACT PLAN, AND TIME OF SAMPLING OR MEASUREMENT; (ii) THE INDIVIDUAL(S) WHO PERFORMED THE SAMPLING OR MEASUREMENTS; (iii) THE DATE(S) ANALYSES WERE PERFORMED; (iv) THE INDIVIDUAL(S) WHO PERFORMED THE ANALYSES; (v) THE ANALYTICAL TECHNIQUES OR METHODS USED; AND (vi) THE RESULTS OF SUCH ANALYSES IN THE RECORDS OF MONITORING INFORMATION.

Defendants (1)

• ECOFLO, INC.Named in complaintNamed in settlement

Facilities (1)

• ECOFLO, INC

  2750 PATTERSON STREET, GREENSBORO, NC, 27407

  Registry ID: 110072166506

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)

• ECOFLO, INC.entered 2018-03-29

  Primary law: RCRA

  Federal penalty: $25,200

Timeline (4 milestones)

• 2018-03-29Complaint Filed/Proposed Order
• 2018-03-29Final Order Issued
• 2018-04-12Enforcement Action Closed
• 2018-04-19Enforcement Action Data Entered