EPA v. Luxottica Optical Manufacturing

Case summary

On September 30, 2019, Region 5 filed a Consent Agreement and Final Order (CAFO) commencing and concluding an administrative penalty action against Respondent, Luxottica Optical Manufacturing (Luxottica), at its facility in, Lockbourne, Ohio (Facility). At the Facility, Luxottica manufactures and treats various prescription lenses, and is a large quantity generator. On March 1, 2017, EPA inspected the Facility to determine Respondent?s compliance with RCRA. The Region issued a Notice of Violation to Respondent on September 29, 2017, identifying specific alleged violations of RCRA. In the Complaint/CAFO, the Region alleged that Respondent failed to comply with applicable RCRA requirements for storing hazardous waste for more than 90 days without a storage permit or interim status, and failed to meet other conditions for a permit exemption, as follows: 1) not all required waste determinations were made for several containers, and not all containers were marked or labeled as required; 2) inadequate training records for two years; 3) failure to maintain adequate aisle space; 4) contingency plan failed to cover arrangements with local responders; 5) failure to profile waste in two containers; 6) failure to keep copies of two required manifests; 6) failure to timely file one biennial report; and 7) failure to label one container of used oil. In a February 25, 2019 Pre-Filing Notice letter (PFN), EPA proposed an administrative civil penalty of $49,387 for the alleged violations, which was calculated pursuant to EPA?s RCRA Civil Penalty Policy dated June 23, 2003 (Penalty Policy). Respondent has provided documentation that it adequately addressed the alleged violations and achieved compliance with the cited requirements. Under the CAFO, Respondent is required to pay a civil penalty of $35,000. In determining the assessed civil penalty, the Region considered the penalty factors set forth in Section 3008(a)(3) of RCRA, 42 U.S.C. ? 6928(a)(3); the Penalty Policy; subsequent EPA penalty inflation adjustments; and the facts of this case. For the purpose of settlement, EPA agreed to reduce the civil penalty to $35,000 in response to additional information provided by Respondent regarding the alleged violations and in consideration of the applicable adjustment factors outlined in the Penalty Policy.

Defendants (1)

• Luxottica Optical ManufacturingNamed in complaintNamed in settlement

Facilities (1)

• LUXOTTICA RX OPERATIONS

  2150 BIXBY RD, LOCKBOURNE, OH, 43137

  Registry ID: 110037145069

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• Luxottica Optical Manufacturingentered 2019-09-30

  Primary law: RCRA

  Federal penalty: $35,000

Timeline (5 milestones)

• 2019-09-30Complaint Filed/Proposed Order
• 2019-09-30Final Order Issued
• 2019-10-02Enforcement Action Data Entered
• 2019-10-24Compliance Achieved
• 2019-10-24Enforcement Action Closed