EPA v. CLEAN HARBORS FLORIDA LLC

Case summary

8/7/18 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $11,000. ALLEGATIONS: ON MARCH 22, 2017, EPA AND FDEP CONDUCTED A COMPLIANCE EVALUATION INSPECTION (CEI) AT RESPONDENT'S FACILITY. FDEP AND EPA FOUND THAT THE AISLE BETWEEN TWO ROWS OF CONTAINERS USED TO STORE HAZ WASTE IN CELL L OF THE NORTH BLDG DID NOT HAVE ADEQUATE SPACE AS TO ALLOW THE UNOBSTRUCTED MOVEMENT OF PERSONNEL, FIRE PROTECTION, AND EMERGENCY RESPONSE EQUIPMENT. EPA ALLEGES THAT RESPONDENT VIOLATED FLA. ADMIN. CODE ANN. r. 62-730.180(1) (40 CFR 264.35) WHICH IS A REQUIREMENT OF PART I, CONDITION 26.e OF RESPONDENT'S PERMIT, BY FAILING TO STORE HAZ WASTE CONTAINERS WITH SUFFICIENT AISLE SPACE AS TO ALLOW THE UNOBSTRUCTED MOVEMENT OF PERSONNEL, FIRE PROTECTION, AND EMERGENCY RESPONSE EQUIPMENT. THE REVIEW OF RESPONDENT'S ORGANIC AIR EMISSION MONITORING LOG FOR HTE HAZ WASTE TANK SYSTEM REVEALED THE DETECTION OF LEAKS FROM PRESSURE RELIEF VALVES. IN AN EMAIL DATED JULY 7, 2017, RESPONDENT INDICATED THAT ITS ELECTRONIC LEAK DETECTION AND REPAIR TRACKING SYSTEM HAD BEEN SET-UP FOR TANK'S PRESSURE RELIEF VALVES TO INDICATE AN ORGANIC VAPOR LEAK AT CONCENTRATIONS ABOVE 10,000 ppm. THEREFORE, NO WORK ORDERS WERE ISSUED AT A READING OF 500 ppm. AS IT STATED IN ITS JULY 7, 2017 EMAIL TO EPA, RESPONDENT DID NOT ATTEMPT TO MAKE FIRST EFFORT AT REPAIRS OF THE DEFECTS WITHIN THE INITIAL 5 CALENDAR DAYS AFTER DETECTION. EPA THEREFORE ALLEGES RESPONDENT VIOLATED FLA. ADMIN. CODE ANN. r. 62-730.180(1) (40 CFR 264.1084(k)(1), WHICH IS A REQUIREMENT OF RESPONDENT'S PERMIT, BY FAILING TO REPAIR DEFECTIVE PRESSURE RELIEF DEVICES ON TANK SYSTEMS WITHIN 5 CALENDAR DAYS FROM INITIAL LEAK DETECTION.

Defendants (1)

• CLEAN HARBORS FLORIDA, LLCNamed in complaintNamed in settlement

Facilities (1)

• CLEAN HARBORS FLORIDA LLC

  7001 KILO AVE, BARTOW, FL, 33830-6672

  Registry ID: 110072195849

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)

• CLEAN HARBORS FLORIDA LLCentered 2018-08-07

  Primary law: RCRA

  Federal penalty: $11,000

Timeline (4 milestones)

• 2018-08-07Final Order Issued
• 2018-08-07Complaint Filed/Proposed Order
• 2018-08-16Enforcement Action Data Entered
• 2018-08-23Enforcement Action Closed