EPA v. Med Fusion LLC

Case summary

Med fusion is an integrated clinical reference laboratory and clinical trials organization specializing in: Oncology, Women?s Health, and Infectious Disease. MedFusion is located in Lewisville, Texas. From 2014 to 2017 Med Fusion operated as a CESQG, but generated hazardous waste in quantities putting it into the Small Quantity Generator category. In June 2017 Med Fusion submitted notification to the State of their waste generation status as a SQG. Med Fusion?s wastes are characteristic for ignitability, corrosivity, reactivity, and listed F and U waste. These waste include: mixed non-halogenated solvents and other assorted outdated hazardous lab reagents. EPA?s review of data provided by Med Fusion in response to an informal request of October 17, 2017, determined the following violations under the Resource Conservation and Recovery Act (RCRA): ?Failed, under Section 3010(a) of RCRA, to file the required timely notification as a Small Quantity Generator; ?Failed to make adequate hazardous waste determinations on all its solid waste streams and/or failing to keep the required records for the required time period. [40 C.F.R. ?? 262.11 and 262.40(c)]; ?Failed to completely and adequately prepare its hazardous waste manifest for several shipments of hazardous waste; and ?Failed to comply with certain generator exemption conditions; specifically, its personnel training program procedures, and arrangements to be made with local emergency response authorities [40 ?? C.F.R 262.34(d)(4), (5) (i) through (iv)]. Med Fusion has agreed to certify compliance with the RCRA regulations within ninety (90) days of the effective date of the CAFO, and pay a penalty of $151,413.

Defendants (1)

• Med Fusion LLCNamed in complaintNamed in settlement

Facilities (1)

• MED FUSION

  2501 S STATE HIGHWAY 121 BUS STE 1100, LEWISVILLE, TX, 75067

  Registry ID: 110070123035

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• Med Fusion LLCentered 2018-04-05

  Primary law: RCRA

  Federal penalty: $151,413

Timeline (4 milestones)

• 2018-04-05Complaint Filed/Proposed Order
• 2018-04-05Final Order Issued
• 2018-04-11Enforcement Action Data Entered
• 2018-07-09Enforcement Action Closed