Document 5kE9GkGqMVE9KyvZwvY7pyJ3e

EPA REGION 2 CARIBBEAN ENVIRONMENTAL PROTECTION DIVISION March 12, 2024 Via Electornic Mail Mr. Jeffrey Pilipczuk, Project Manager Lemartec Corporation, 3390 Mary St. Suite 166 Miami, Florida 33133 jpilipczuk@lemartec.com Mr. Addison P. Christian, General Manager Adcon Environmental Services 9K Estate Cottage, Christiansted St. Croix, U.S.V.I. 00820 adonstx@gmail.com RE: NOTICE OF VIOLATION, RCRA 3007 Information Request Adcon Environmental LLC - Charles Hardwood Memorial Complex Ref. No. CEPD-RCRA-23-0438 EPA ID No. VIR000001842 Dear Messrs. Pilipczuk and Christian: The U.S. Environmental Protection Agency (EPA) is charged with the protection of human health and the environment under the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901 et seq. Pursuant to RCRA, as amended by the Hazardous and Solid Waste Amendments of 1984 (HSWA), the EPA promulgated rules, regulations, and standards governing the handling and management of hazardous waste as set forth in Title 40 of the Code of Federal Regulations 40 (C.F.R.) Parts 260-272. On September 10, 1992, EPA promulgated regulations under the RCRA program to establish Standards for the Management of Used Oil Destined for Recycling (57 Federal Register 41566). These regulations are in 40 C.F.R. Part 279 and the amended sections of 40 C.F.R. Parts 260, 261, 266 and 271. These regulations became effective on March 8, 1993. The U.S. Virgin Islands Government is not authorized by the EPA to conduct a hazardous waste program under Section 3006 of RCRA, 42 U.S.C. 6926, and is not authorized to enforce RCRA. The EPA has retained its authority to enforce the hazardous waste rules and regulations in the U.S. Virgin Islands. The Notice of Violation (NOV) portion of this letter (see ATTACHMENT I) is issued pursuant to Section 3008 RCRA. Issuance of this NOV and compliance or non-compliance with its terms does not in any way CITY VIEW PLAZA II BUILDING, 7TH FLOOR ROUTE 165 GUAYNABO, PR 00968 preclude EPA from the issuance of further NOVs, Information Requests, and/or taking formal enforcement action against Adcon Environmental LLC - Charles Hardwood Memorial Complex (the "Facility") in St. Croix, U.S. Virgin Islands, including monetary penalties, under Section 3008 of RCRA, and any other applicable regulation or statute. Pursuant to the provisions of Section 3007 of RCRA, EPA may require parties who handle or have handled hazardous waste to provide information relating to such wastes. Pursuant to the statutory provisions cited above, EPA hereby requires that you provide the information requested in ATTACHMENT II, using the instructions and definitions included in ATTACHMENT III. This information is necessary to determine the compliance status of the Facility. If you have not already done so, you must take immediate action to correct the numbered violations described in ATTACHMENT I. Please submit, within thirty (30) days of the receipt of this correspondence, a response which includes (1) a description of the actions you have taken to correct the numbered violations noted in ATTACHMENT I, (2) documentation that the numbered violations have been corrected, and (3) a description of the procedures that will be put into place to prevent such violations from occurring in the future. Please provide the information requested no later than thirty (30) calendar days from receipt of this letter. Requests for additional time must be justified. Requests for additional time must be made within ten (10) calendar days of receipt of this letter. The response must be signed by a responsible official or agent of your Facility, using the form in ATTACHMENT IV to this letter. The response to the request in the ATTACHMENT II must be mailed to the following address: Mr. Eduardo R. Gonzlez, P.E., Enforcement Officer Response and Remediation Branch U.S. Environmental Protection Agency - Region 2 Caribbean Environmental Protection Division City View Plaza, Suite 7000 #48 PR-165 Km 1.2 Guaynabo, P.R. 00968-8069 You may, if you so desire, assert a business confidentiality claim covering all or part of the information herein requested. The claim may be asserted by placing on (or attaching to) the information at the time it is submitted, a cover sheet, stamped or typed with the legend, or other suitable form of notice, such as "trade secret," "proprietary," or "company confidential." The claim should set forth the information requested in 40 C.F.R. 2.204(e)(4). Information covered by such a claim will be disclosed by EPA only to the extent permitted by, and by means of procedures set forth in, 40 C.F.R. Part 2. EPA will review the information to determine the extent of confidentiality of the information, and may, at its discretion, challenge the confidentiality claim pursuant to the procedures set forth at 40 C.F.R. Part 2. If no such claim accompanies the information when it is received by EPA, it may be made available to the public by EPA without further notice to you. If you contend that some or all the submitted information is entitled to confidential treatment, specify which portions of the information you consider confidential. For each item or class of information that you identify as being subject to your claim, please answer the questions in ATTACHMENT V, giving as much detail as possible. Please note that you bear the burden of substantiating your confidentiality claim. Conclusory allegations will be given little or no weight in the determination. This information request is not subject to the requirements of the Paperwork Reduction Act (PRA), as amended, 44 U.S.C. 3501 et seq. Failure to respond in full to the above requirements is a violation of RCRA and will result in federal enforcement action pursuant to Section 3008 of RCRA, including the assessment of a monetary penalty. Such penalties may be up to $117,468 per day per violation. When submitting your response, please attach to the Certification of Answers to Request for Information (ATTACHMENT IV, below), a list of persons, by name, position or title, and company, who prepared or assisted in the preparation of the responses to this information request. Please also provide a brief description of the basis for their association with the Facility. Please enclose enough information to document your answers and refer to the Compliance Assistance Publications in ATTACHMENT VI. If you have any questions regarding this matter, please contact Mr. Eduardo Gonzlez, P.E. at (787) 9775839 or e-mail at gonzalez.eduardo@epa.gov. Sincerely, HECTOR VELEZCRUZ Digitally signed by HECTOR VELEZCRUZ Date: 2024.03.12 13:09:33 -04'00' Hctor L. Vlez Cruz, Esq. Acting Director Enclosures: 1. ATTACHMENT I - Notice of Violation 2. ATTACHMENT II - Information Request 3. ATTACHMENT III - Instructions & Definitions 4. ATTACHMENT IV- Certification of Answers 5. ATTACHMENT V - Substantiation of Confidential Business Information Claim 6. ATTACHEMENT VI - Copies of Compliance Assistance Publications cc: Mr. Austin Callwood, Director, Environmental Protection Division 4611 Tutu Park Mall 2nd Fl, Suite 300 St. Thomas, VI 00802 ATTACHMENT I Notice of Violation Adcon Environmental LLC - Charles Hardwood Memorial Complex Ref. No. CEPD-RCRA-23-0438 EPA ID No. VIR000001842 On or about September 5, and 8, 2023, a duly authorized representative of EPA conducted a RCRA compliance evaluation inspection (the "RCRA Inspection") at the Adcon Environmental LLC - Charles Hardwood Memorial Complex located in P7WP+557, East St, Christiansted, St Croix, U.S.V.I. 00821 (Demolition Site Project) (the "Facility"), pursuant to Section 3007 of RCRA, 42 U.S.C. 6927, to determine your Facility's compliance with certain federal hazardous waste accumulation, storage, and disposal regulations. Based on a review of the information obtained during and after this RCRA Inspection, the following specific violations of the requirements for very small and small quantity hazardous waste generators were found: Standards for Universal Waste Management (40 C.F.R. 273) As of January 2000, under federal regulations, hazardous waste fluorescent light bulbs (lamps) may be managed and disposed as universal waste. Although the U.S. Virgin Islands Government is not authorized for the Universal Waste Rule (UWR), federal standards in 40 C.F.R. Part 273 will operate in lieu of current U.S. Virgin Islands Government hazardous waste management requirements. Thus, fluorescent light bulbs may be managed as either a hazardous waste or a universal waste. 1. 40 C.F.R. 273.13(d)(2) requires handler of universal waste must immediately clean up and place in a container any lamp that is broken and must place in a container any lamp that shows evidence of breakage, leakage, or damage that could cause the release of mercury or other hazardous constituents to the environment. Containers must be closed, structurally sound, compatible with the contents of the lamps and must lack evidence of leakage, spillage or damage that could cause leakage or releases of mercury or other hazardous constituents to the environment under reasonably foreseeable conditions. At the time of the RCRA Inspection, there were various broken fluorescent lamps on the floor mixed with aluminum frames without control or containment showing evidence of breakage, leakage, and damage that caused releases of mercury or other hazardous constituents to the area at the Main Building Entrance Area in violation of 40 C.F.R. 273.13(d)(2). 2. 40 C.F.R. 273.14(e) requires that each lamp or a container or package in which such lamps are contained must be labeled or marked clearly with one of the following phrases: "Universal Waste Lamp(s)," "Waste Lamp(s)," or "Used Lamp(s)." At the time of the RCRA Inspection, there were thirty-six (36) square cardboard boxes (1'x1'x 4') packing over sixty (60) 4-foot spent fluorescent lamps, and three (3) square cardboard boxes (1'x1'x 4') containing broken 4-foot spent fluorescent lamps, some open and not labeled with the words, "Universal Waste," at the Main Building Entrance Area. In addition, fifteen (15) square cardboard boxes (1'x1'x 4') packing over sixty (60) 4-foot spent fluorescent lamps, some open, other containing broken lamps, were not labeled with the words, "Universal Waste," at the 2nd Level Main Building (Lower Level) Area in violation of 40 C.F.R. 273.14(e). 3. 40 C.F.R. 273.13(c)(1) requires that handler of universal waste must place in a container any universal waste mercury-containing equipment with non-contained elemental mercury or that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. The container must be closed, structurally sound, compatible with the contents of the device, must lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions, and must be reasonably designed to prevent the escape of mercury into the environment by volatilization or any other means. At the time of the RCRA Inspection, there were various ballasts on the floor mixed with aluminum frames without control or containment showing evidence of breakage, leakage, and damage that caused releases of mercury or other hazardous constituents to the area at the Main Building Entrance Area in violation of 40 C.F.R. 273.13(c)(1). 4. 40 C.F.R. 273.14(d)(1) requires mercury-containing equipment (i.e., each device), or a container in which the equipment is contained, must be labeled, or marked clearly with any of the following phrases: "Universal Waste--Mercury Containing Equipment," "Waste Mercury-Containing Equipment," or "Used Mercury-Containing Equipment." At the time of the RCRA Inspection, there were four (4) 55-gallon black steel drums with lids containing "Ballast" which were removed from aluminum frames at the Main Building Entrance Area, and three (3) 55-gallon black steel drums with lids containing "Ballast" which were also removed from aluminum frames at the 2nd Level Main Building (Lower Level) Area. None of the drums were clearly labeled with the words, "Universal Waste-Mercury Containing Equipment," in violation of 40 C.F.R. 273.14(d)(1). Based on the conditions observed during the Inspection, the Facility was in violation of the above regulations. All spent fluorescent light bulbs and discarded ballasts were not documented and/or managed as universal wastes in violation of 40 C.F.R. Part 273. ________________________________________________________________________________________ ATTACHMENT II RCRA 3007 Information Request Adcon Environmental LLC - Charles Hardwood Memorial Complex Ref. No. CEPD-RCRA-23-0438 EPA ID No. VIR000001842 On or about September 5, and 8, 2023, a duly authorized representative of EPA conducted a RCRA compliance evaluation inspection (the "RCRA Inspection") at the Adcon Environmental LLC - Charles Hardwood Memorial Complex located in P7WP+557, East St, Christiansted, St Croix, U.S.V.I. 00821 (Demolition Site Project) (the "Facility"), pursuant to Section 3007 of RCRA, 42 U.S.C. 6927, in order to determine your Facility's compliance with certain federal hazardous waste accumulation, storage and disposal regulations. Based on a review of the information obtained during and after the RCRA Inspection, we have determined that certain information is required to fully evaluate the compliance of this Facility. You are hereby required to answer the following questions and provide the following information: 1. With regard to the violations cited in the above Notice of Violation (Enclosure I), please provide the following: a. a description of the actions taken, or that will be taken, to correct the specific violations cited in items 1 through 4 (inclusive) of the NOV. Be specific (e.g., when actions were started and finished, how much was disposed of, etc.); b. documentation verifying that the violations have been corrected, including photographs, where applicable; and c. an account of changes in Facility management practices sufficient to prevent a recurrence of the violations. Include a Facility "Corrective Measures Plan" addressing operational changes, as detailed in Attachment VI, if Adcon Environmental LLC - Charles Hardwood Memorial Complex will continue managing such wastes (i.e., spent fluorescent lamps). 2. Please provide the full legal name, address, and legal status (e.g., corporation, not-for-profit corporation, individual owner, partnership) of the current and past owner and/or owners, contractors, and subcontractors since 1982 of the Facility located in located in P7WP+557, East St, Christiansted, St Croix, U.S.V.I. Also, provide: a. the name(s) and official title(s) of each of the officer(s) (or the proprietor(s), if not a corporation) of all current and past owners; and b. the month/day/year all current and past owners began ownership of the Facility. 3. When submitting your response, please attach to the Certification of Answers to Request for Information (Attachment IV, below) a list of persons by name, position or title, department, and company who prepared or assisted in the preparation of the responses to this information request. Please also provide a brief description of the nature of their work. If any person is not an employee, please also provide a short account of the basis for their association with you and/or the Facility in question. ATTACHMENT III Instructions & Definitions In responding to this Request for Information, apply the following instructions and definitions: 1. The signatory should be an officer or agent who is authorized to respond on behalf of the company/corporation to whom this is addressed. 2. A complete response must be made to each individual question in this request for information. Identify each answer with the number of the question to which it is addressed. 3. In preparing your response to each question, consult, as necessary, with all present and former employees and agents of the company/corporation who you have reason to believe may be familiar with the matter to which the question pertains. 4. In answering each question, identify all contributing sources of information. 5. If you are unable to answer a question in a detailed and complete manner or if you are unable to provide any of the information or documents requested, state the reason for your inability to do so. If you have reason to believe that there is an individual who may be able to provide more detail or documentation in response to any question, state that person's name and last known address and phone number and the reasons for your belief. 6. If you cannot provide a precise answer to any question, please approximate, and state the reason for your inability to be specific. 7. For each document produced in response to this Request for Information, indicate on the document or in some other reasonable manner, the number of the question to which it applies. 8. If anything is deleted from a document produced in response to this Request for Information, state the reason for and the subject matter of the deletion. 9. If a document is requested but is not available, state the reason for its unavailability. In addition, identify any such document by author, date, subject matter, number of pages, and all recipients and their addresses. 10. For the purposes of this Request for Information, companies, corporation and/or institution are all the operations conducted by you or your company at the Facility located in located in P7WP+557, East St, Christiansted, St Croix, U.S.V.I. 00821. 11. Hazardous waste shall be defined for the purposes of this Request for Information as that term is defined in Section 1004(5) of RCRA, as amended, 42 U.S.C. Part 6903(5) and in 40 C.F.R., Section 261.3. 12. Hazardous constituents shall be defined as those substances listed in 40 C.F.R. Part 261, Appendix VIII. 13. Other definitions, for the purposes of this Request for Information, are as defined in 40 C.F.R. Part 260, Subpart B. ATTACHMENT IV Certification of Answers I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document (response to EPA Information Request) and all documents submitted herewith, and that I believe that the submitted information is true, accurate, and complete, and that all documents submitted herewith are complete and authentic unless otherwise indicated. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. I am also aware that I am under a continuing obligation to supplement my response to EPA's Information Request if any additional information relevant to the matters addressed in EPA's Information Request or my response thereto should become known or available to me. _________________________________ NAME (print or type) _________________________________ TITLE (print or type) _________________________________ SIGNATURE ATTACHEMENT V Substantiation of Confidential Business Information Claim 1. For what period of time do you request that the information be maintained as confidential, e.g., until a certain date, until the occurrence of a specified event, or permanently? If the occurrence of a specific event will eliminate the need for confidentiality, please specify that event. 2. Information submitted to EPA becomes stale over time. Why should the information you claim as confidential be protected for the time period specified in your answer to Question 1, immediately above? 3. What measures have you taken to protect the information claimed as confidential and to guard against undesired disclosure? Have you disclosed the information to anyone other than a governmental body or someone who is bound by an agreement not to disclose the information further? If so, why should the information still be considered confidential? 4. Is the information contained in any publicly available material such as the Internet, publicly available databases, promotional publications, annual reports, or articles? Is there any means by which a member of the public could obtain access to the information? Is the information of a kind that you would customarily not release to the public? 5. Has EPA or any other governmental body made a determination as to the confidentiality of the information? If so, please attach a copy of the determination. 6. For each category of information claimed as confidential, explain with specificity why release of the information is likely to result in substantial harmful effects on the business or to its competitive position. Explain the specific nature of those harmful effects; why they should be viewed as substantial, and the causal relationship between disclosure and such harmful effects. How could your competitors make use of this information to your detriment? 7. Do you assert that the information is submitted on a voluntary or a mandatory basis? Please explain the reason for your assertion. If the business asserts that the information is voluntarily submitted information, whether and why disclosure of the information would tend to lessen the availability to EPA of similar information in the future. 8. Any other issue you deem relevant. ATTACHMENT VI Copies of Compliance Assistance Publications Managing Your Hazardous Waste: A Guide for Small Businesses and Hazardous Waste Requirements for Large Quantity Generators. These publications may be used to improve your understanding of the EPA's Hazardous Waste Program as it applies to all hazardous waste generators. These publications are available through: https://www.epa.gov/sites/default/files/201910/documents/10008_managingyourhazwaste_508pdf_october_16_2019.pdf The EPA's Some Used Lamps are Universal Wastes fact sheet Internet site at: https://archive.epa.gov/epawaste/hazard/downloads/web/pdf/fs_lamps.pdf For more information on spent fluorescent light bulb management, please see the EPA's Overview of the Universal Waste Program Internet site at: https://www.epa.gov/hw/universal-waste#regs Fact Sheet on Requirements for Very Small Quantity Generators of Hazardous Waste https://www.epa.gov/sites/default/files/2020-07/documents/10635_vsqg-factsheet_508.pdf