EPA v. BECKMAN COULTER, INC.

Case summary

MAY 22, 2023 - CONSENT AGREEMENT On August 26, 2021, the EPA and the Florida Department of Environmental Protection (FDEP) conducted a compliance evaluation inspection (CEI) at Respondent?s Facility. At the time of the CEI, EPA observed that the following containers were not marked with an indication of hazards of the contents: one 55-gallon drum of reticulin stain reagent waste, which was identified as a hazardous waste with the EPA Hazardous Waste Number D001 and stored in a SAA in the Pooling Room of Building 700, and one 20-gallon container of hydrochloric acid waste, which was identified as a hazardous waste and stored in a SAA in the Receiving and Finishing area. EPA observed one 20-gallon container of hazardous waste hydrochloric acid in a SAA at the Receiving and Finishing area that was not marked with the words ?Hazardous Waste.? EPA observed that the following containers, which were stored in Respondent?s central accumulation area (CAA), were not marked with the words ?Hazardous Waste? and with an indication of the hazards of the contents: one 8-liter container of corrosive sodium hydroxide solution, which was identified as a hazardous waste; one 30-gallon of polymer/xylene/DCM/ethanol and chloroform, which was identified as a hazardous waste; eight 5-gallon containers of rejected dichloromethane waste (DCM), which were identified as a hazardous waste, three 1-gallon containers of Photo-Flo 600 solution, which were identified as a hazardous waste; and one 10-gallon container of expired corrosive solution, which was identified as a hazardous waste. EPA observed the following containers that were not marked with an indication of the hazards of the contents: one 55-gallon container of developer waste, identified as a hazardous waste, and one gray 55-gallon container of solvent contaminated rags, which were identified as a hazardous waste. EPA observed the following, Respondent?s CAA, that were missing an accumulation start date: one 30-gallon poly container of rejected laboratory filling marked flammable hazardous waste; one 30-gallon of polymer/xylene/DCM/ethanol and chloroform, which was identified as a hazardous waste; one 8-liter container of corrosive sodium hydroxide solution, which was identified as a hazardous waste with the EPA Hazardous Waste Number D002; eight 5-gallon containers of rejected dichloromethane waste, which were identified as a hazardous waste with the EPA Hazardous Waste Number U080; three 1-gallon containers of Photo-Flo 600 solution, which were identified as a hazardous waste with the EPA Hazardous Waste Number D001; one 10-gallon container of expired corrosive solution, which was identified as a hazardous waste with the EPA Hazardous Waste Number D002; and one gray 55-gallon container of solvent contaminated rags, which was identified as a hazardous waste. EPA observed that Respondent?s CAA did not maintain adequate aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency. EPA observed 19 boxes of used universal waste lamps in the CAA. The boxes were not marked with the words ?Universal Waste-Lamp(s),? or ?Waste Lamp(s),? or ?Used Lamps? and were not dated to demonstrate the length of time that the universal waste boxes have been accumulated from the date it became wastes or were received. EPA observed three boxes of spent sealed lead acid batteries in the CAA. The boxes were not marked with the words ?Universal Waste - Battery(ies),? or ?Waste Battery(ies),? or ?Used Battery(ies) and were not dated to demonstrate the length of time that the universal waste boxes have been accumulated from the date it became wastes or were received.

Defendants (1)

• BECKMAN COULTER, INC.Named in complaintNamed in settlement

Facilities (1)

• BECKMAN COULTER INC

  740 W 83RD ST, HIALEAH, FL, 330143614

  Registry ID: 110027964460

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• BECKMAN COULTER, INC.entered 2023-05-22

  Primary law: RCRA

  Federal penalty: $31,766

Timeline (3 milestones)

• 2023-05-22Complaint Filed/Proposed Order
• 2023-05-22Final Order Issued
• 2023-05-31Enforcement Action Data Entered