Document EdB7NXk1rYQ4eDzdnbpmq5QKR

IN THE MATrER OF: PRO PLASTICS INC. , 9530 Baythorne Drive Houston, Texas 77041 RESPONDENT (No EPA ID NUMBER) UNITED STATES F I LE0 ENVIRONMENTAL PROTECTION AGENCXIS J' 1 ,.. REGION 6 lU ... - o Pll 3: 20 DALLAS, TX kU,Iv. ';.L 'l/, . . !' ', -rnc lf' :.. ;nGI Or4 vi -~' ' eonsent Agreement and Final Ot'der USEPA Docket No. RCRA-06-2015-0905 CONSENT AGREEMENT AND FINAL ORDER I. PRELIMINARY STATEMENT l . This Consent Agreement and Final Order ("CAFO") is entered into by the United States Environmental Protection Agency, Region 6 ("EPA" or "Complainant") and Respondent, Pro Plastics, Inc., ("Pro Plastics" or "Respondent"), and concerns the facility located at 9530 Baythorne Drive, Houston, Texas 77041 (the "Facility"). 2. Notice ofthis action has been given to the State ofTexas, pursuant to Section 3008(a)(2) of RCRA, 42 U.S.C. 6928(a)(2). 3. For the purpose of these proceedings, Respondent admits the jurisdictional allegations herein; however, Respondent neither admits nor denies the specific factua l allegations and conclusions of law contained in this CAFO. 4. The Respondent explicitly waives any right to contest the allegations and its right to appeal the proposed final order contained in this CAFO. 5. The CAFO resolves only those violations which are alleged herein. Re: Pro Plastics, lnc. RCRA-06-20 15-0905 6. Respondent consents to the issuance of the CAFO hereinafter recited , consents to the assessment and payment of the stated civi l penalty in the amount and by the method set out in this CAPO, and consents to the specific stated compliance order. II. JURJSDICTlON 7. This CAFO is issued by the EPA pursuant to Section 3008(a) of the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. 6928, as amended by the Hazardous and Solid Waste Amendments of 1984 ("HSWA") and is si multaneously commenced and concluded through the issuance of this CAFO under 40 Code of Federal Regulations ("C.F.R.") 22.13(b) and 22. 18(b)(2) and (3). 8. Respondent agrees to undertake and complete a ll actions required by the terms and conditions of this CAFO. In any action by the EPA or the United States to enforce the terms ofthis CAFO, Respondent agrees not to contest the authority or jurisdiction of the EPA to issue or enforce this CAFO, and agrees not to contest the validity of this CAFO or its terms or conditions. nr. FfNDINGS OF FACT AND CONCLUSIONS OF LAW 9. Respondent is a is a Texas corporation, authorized to do business in the State ofTexas on May I , 1986 and is located at 9530 Baythorne Drive, Houston, Texas 7704 1. I 0. Respondent is a "person" within the meaning of Section I 004(15) of RCRA, 42 U.S .C. 6903( 15); and 30 TEX.ADMIN.CODE 3.2(25), [40 C. P.R. 260.10]. II . Respond ent's Registered Agent for service in the Stale of Texas is Mr. Doug Ferrell, located at 1l 0 Marrakech Ct., Bellaire, Texas 7740 l -5 122. 2 Re: Pro Plastics, Inc. RCRA-06-20 15-0905 12. Pro Plastics owns and operates a foacility that manufactures low density and/or high density polyethylene and polypropylene bags, sheets, and banners. 13. During the period of January 20 14 tluough August 20 14, EPA conducted a RCRA investigation and record review ("Investigation") of Pro Plastics' performance as a generator of haza rdo us waste. 14. In May 20 14, EPA conducted site visits at several Treatment, Storage, and Disposal Facilities ("TSDs") and pursuant to Section 3007 ofRCRA, 42 U.S.C. 6927 obtained additional information o n Pro Plastics' hazardous wastes that it offered for transport and treatment ("Responses"). 15. From the Investigation and review of the Responses, EPA alleges that Pro Plastics, at a minimum, generated and offered for transport and treatment the following hazardous waste, during 20 11 through 20 14: 1. 20 12- Seventeen drums (each in shipments averaging greater than 100 kg) containing a total of 2,799 kg of hazardous waste, having the hazardous waste characteristic of igni tabil ity (DOO 1); 11. 2013- Twenty-two drums (each in shipments averaging greater than 100 kg) contai ni ng a total of 3,582 kg of hazardous waste, having the hazardous waste characteristic of ignitabi li ty (DOO I); and 111. 20 14 - Eleven drums (each in shipments averaging greater than l 00 kg) co ntaining a total of l ,8 11 kg of hazardous waste, having the hazardous waste characteristic of' ign itability (DOO 1). 3 Rc: Pro Plastics, Inc. RCRA-06-20 15-0905 16. The waste streams identified in Paragraph 15 are hazardous waste as defined in 30 TEX.ADMfN.CODE 335. 1 (69), [40 C.f.R . 261.2 1, 26 1.24,26 1.31 and 26 1.33]. 17. from the Investigation and review of the Responses, EPA alleges that during the period of20 I I through 2014, Pro Plastics generated , at a minimum, the hazardous waste streams identified in Paragraph 15 in quantities that exceeded the thresho ld amount of 100 kilograms of hazardo us waste per month, which qualified Pro Plastics, at minimuri1, for the small quantity generator status under 30 TEX.ADMIN.CODE, Chapter 335, Subchapter C, [40 C.F.R. 262], for the periods that such wastes remained onsite. 18. From the Investigation and review ofthe R esponses, EPA alleges that Pro Plasti cs is a "generator" of"hazardous wastes" at the Facility, as those terms are defined in Sections 1004(5) & (6) ofRCRA, 42 U.S.C. 6903(5) & (6), and 30 TEX ADMIN.CODE 335. 1(65) & (69), [40 C.F.R. 260.10] . 19. As a generator of hazardous waste, Pro Plastics is subject to Sections 3002 and 30 I0 of RCRA, 42 U.S .C. 6922 and 6930, and the regulations set forth at 30 TEX.ADMIN.CODE, Chapter 335, Subchapter C, (40 C.F.R Part 262]. Claim i. Notification Requirements 20. T he allegations in Paragraphs 1-19 are realleged and incorporated herein by reference. 2 1. Pursuant to 30 TEX./\DMfN.CODE 335.78(a) and (b), [40 C.F.R. 261.5(a) and (b)l , a generator is a conditionally exempt small quantity generator ("CESQG") in a ca lendar month if he generates no more than I00 kg of hazardous waste and complies with 30 TEX.ADMJN .CODE 335 .78(1), (g), and (j), lAO C. F.R. 26 1.5 (f), (g), and (i)l 4 Re: Pro Plastics, Inc. RCRA-06-20 15-0905 22. From the Investigation and review of the Responses, EPA alleges that Pro Plastics has not and does not operate as a CES QG. 23. From the Investigation and review of the Responses, EPA alleges that Pro Plastics, at a minimum , has been and is a small quantity generator (" SQG"). 24. Pursuant to Section 30 IO(a) of RCRA, 42 U.S.C. 6930(a), any person generating a characteristic or listed hazardous waste shall file with the Administrator or authorized State a notification stating the location and general description of such activity and the identified or listed hazardous wastes handled by such person. No identified or listed hazardous waste subject to this subchapter may be transported, treated, stored, or disposed of unless notification has been given as required by Section 301 O(a) ofRCRA, 42 U.S.C. 6930(a). 25. From the Investigation and review of the Responses, EPA alleges that Pro Plastics d id not file with the Administrator or the authori zed State a notification of its hazardous waste activities for, at a minimum, the period of 2011 through 20 13 in violation of Section 30 10(a) of RCRA, 42 U.S.C. 6930(a). Claim ii. Failure to apply and obtain a Generator Identification Number 26. The allegations in Paragraphs 1-25 are realleged and incorporated herein by reference. 27. Pursuant to 30 TEX.ADMIN.CODE 335 .63(a), [40 C.F.R. 262.12(a)], a generator must not treat, store, dispose of, transport, or offer for transportation, hazardous waste without having received an EPA identification number from the Administrator. 28. From the Investi gation and rev iew of the Responses, EPA alleges that Pro Plastics did not apply to the Administrator and received an EPA identification number. 5 Re: Pro Plastics, Inc. RCRA-06-20 15-0905 29. From the Investigation and review of the Responses, at all times relevant to this CAFO, EPA alleges that Pro Plastic did not have an EPA identification number. 30. From the investigation and review of the Response, EPA alleges that at a ll re levant times to the CAFO, Pro Plastics treated, stored, disposed of, and/or offered for transportation hazardous waste without first receiving an EPA identification number from the Administrator in violation of30 TEX.ADMfN.CODE 335.63(a), (40 C.F.R. 262. 12(a)l IV. COMPLIANCE ORDER 3 1. Pursuant to Section 3008(a) ofRCRA, 42 U.S.C. 6928(a), Respondent is ~ereby ordered, and upon the effective date of this Order, not to treat, st_ore, dispose of , transport, or offer for transportation, hazardous waste without first receiving an EPA identification number from the State of Texas. 32. Pursuant to Section 3008(a) ofRCRA, 42 U.S.C. 6928(a), Respondent is hereby ordered to take the following ac tions, and within thirty (30) calendar days of the effective date of this Order, Respondent shall provide in writing the following: A. Respondent shall certify that it has assessed all its soli d waste streams to determine the accurate waste codes and has developed and implemented standard operating procedures ("SOP") to ensure that Pro Plas tics is operating in compliance with RCRA and the regulations promul gated thereunder, including, but not limited to, procedures for: (a) making hazardous waste determinations; (b) managing hazardous wastes; 6 Re : Pro Plastics, Inc. RCRA-06-20 15-0905 (c) reporting, transporting, and disposing of hazardous waste; (d) preparing the manifests; and (c) meeting the requirements of the land disposal requ irements; B. Respondent shall certi fy that it has accurately and adequately complied with its RCRA Section JO I0 Notification and the requirements of Paragraph 33 above and within the prescribed time period; and C. Respondent shall provide, with its certification, a copy of Respondent's SOPs as described in subparagraph A above. 33 . In all instances in which this CAFO requires written submission to EPA, the submittal made by Respondent shall be signed by an owner or officer of Pro Plas tics and shall include the fo1lowing certification: "I certify under the penally of law that this document and all its attachments were prepared by me or under my direct supervision in .accordance with a system designed to assure that qualified personne l properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and beli ef, true, accurate, and complete. I am aware that there are significant penalties for submitting fa lse information, including the possibility of fine and imprisonment for knowing violations." Copies of all documents required by this CAFO shall be sent to the following : U.S. Env ironmental Protection Agency Compliance Assurance and Enforcem ent Division Hazardous Waste Enforcement Branch Compliance Enforcement Section (6EN-I-IC) 1445 Ross Avenue Dallas, TX 75202-2733 Attn: Da le Thrush 7 Re: Pro Plastics, Inc. RC lU\-06-20 15-0905 v. TERMS OF SETTLEMENT i. Penalty Provisions 34. Pursuant to the authority granted in Section 3008 of RCRA, 42 U.S.C. 6928, and upon consideration of the entire record here in, including the above referenced Findings of Fact and Conclusions of Law, which are hereby adopted and made a part hereof, upon the seriousness of the alleged violations, and R espondent's good faith efforts to comply with the applicable regulations, it is ordered that Respond ent be assessed a civil penalty of Eighty-One Thousand Two Hundred and Fifty Dollars ($81,250 .00). 35. The penalty s hall be paid within ten (1 0) calendar days of the effective date of this CAFO and made payable to the Treasurer United States. 36. The following a re Respondent's options for transmitting the penalties: Reg ular Mail, U.S. Pos tal Mail (including certified mail) or U.S. Postal Service Express Mail, the check should be remitted to: U.S. Environmental Protection Agency Fines a nd Penalties Cinc innati Finance Center P.O. Box 979077 S t. Louis, MO 63 197-9000 8 Re: Pro Plastics, Inc. RCRA-06-20 15-0905 Overnight Mail (non-U.S. Postal Service), the check should be remitted to : U.S . Ba nk Government Lockbox 979077 US EPA Fines and Penalties l 005 Convention Plaza SL-MO-C2-GL St.Louis,MO 63101 3 14-418- 1028 Wire Transfer: Federal Reserve Bank ofNew York ABA: 021030004 Account No. 680 I0727 SWif-T address = FRNyVS33 33 Liberty Street New York, NY 10045 The case name and docket number (In the Matter ofPro Plastics, Inc., Docket No. RCRA-06- 20 15-0905) shall be clearly documented on or within your chosen method of payment to ensure proper credit. 37. The Respondent shall send a simultaneous notice of such payment to the following: Lorena S. Vaughn Regiona l Hearing Clerk (6RC-D) U.S. EPA, Region 6 1445 Ross Avenue Da llas, Texas 75202-2733 Mark Po tts, Associate Director Jlazardous Waste Enforcement Branch (6EN-II) Compliance Assurance and Enforcement Divis ion U.S. EPA, Region 6 1445 Ross Avenue Dallas, Texas 75202-2733 1\tLenti on : Da le Thrush 9 Re: Pro Plastics, Inc. RCRA-06-20 15-0905 Your adherence to this request will ensu re proper cred it is given when penalties are rece ived by EPA. 38. Pursuant to 31 U.S.C. 37 17 and 40 C.F.R. 13. 11 , ui1less otherwise prohibited by law, EPA will assess interest and late payment penalties on outstanding debts owed to the United states and a charge to cover the cost of process and handling a delinquent claim. Interest on the civil penalty assessed in this CAFO will begin to accrue on the effective date of the CAFO and will be recovered by EPA on any amount of the civi l penalty that is not paid within thirty (30) calendar clays of the civil penalty's due date and will be assessed at the rate of the United States TreasUty tax and loan rate in accordance with 40 C.F.R. 13. ll(a). Moreover, the costs of the Agency's administrative handling overdue debts will be charged and assessed monthly throughout the period the debt is overdue. 40 C.F.R. 13. ll (b). EPA will also assess a $ 15.00 administrative handling charge for administrative costs on unpaid penalties for the thirty (30) day period after the payment is due and an additional $15.00 for each subsequent thirty (30) day period the penalty remains unpaid. In addition, a penalty charge of up to six percent per year will be assessed monthly on any portion of the debt which remains delinquent more than ninety (90) days. 40 C.F.R. 13.11 (b). Should a penalty charge on the debt be required, it shall accrue from the first day payment is delinquent. 3 1 C.F.R. 90 1.9(d). Other penalties for failure to make a payment may also apply. 10 Re : Pro Plastics, Inc. RCRA-06-20 15-0905 ii. Cost 39. Each party shall bear its own costs and attorney's fees. Furthermore, Respondent specifically waives its right to seek reimbursement of its costs and attorney's fees under the Equal Access to Justice Act (5 U.S.C. 504), as amended by the Small Business Regulatmy Enforcem ent Fairness Act (P.L. 04-121 ), and any regulations promulgated pursuant to those Acts. iii. Termination and Satisfaction 40: When Respondent believes that it has comp'lied with all the requirements of this CAFO, including compliance with the Compliance Order and payment of the civil penalty, Respondent shall so certify in writing and in accordance with the certification language set forth in Section IV (Compliance Order), Paragraph 33. Unless the EPA, Region 6 objects in writing within s ixty (60) days of EPA's receipt of Respondent's certification, then this CAFO is terminated on the basis of Respondent's certification. iv Effective Date of Settlement 41 . This CAPO shall become effective upon filing with the Regional Hearing C lerk. I I Re: Pro Plastics, Inc. RCRA-06-20 15-0905 THE UNDERSIGNED PARTIES CONSENT TO THE ENTRY OF THIS CONSENT AGREEMENT AND FINAL ORDER: FOR THE RES PONDENT: Date: /r:tI r.s-/_:~.. 0 I t.f I " FOR THE COMPLAINANT: Date: I Z / 18,lza ~ Director Compliance Assurance and Enforcement Division 12 Rc: Pro Plastics, [nc. RCRA-06-20 15-0905 FINAL ORDER Pursuant to the Consolidated Rules of Practi ce Governing the Administrative Assessment of Civi l Penalties, 40 CFR Part 22, the foregoing C/\FO. is hereby ratified . This Final Order shall not in any case affect the right of EPA or the United States to pursue appropriate inj unctive o r other equitable relief or criminal sanctions for any violations of law. This Final Order shall reso lve only those causes of action alleged herein. Nothing in this Final Order shall be construed to waive, extinguish or otherwise affect Respondent 's (or its officers, agents, servants, employees, successors, or assigns) obligation to comply with all applicable federal , state, and local statutes and regulations, including the regulations that were the subject of this action. The Res pondent is ordered to comply with the terms of settleme nt and the civil penalty payment instructions as set forth in the CAFO. Pursuant to 40 CFR 22.3 l(b) this Final Order shall become effective upon filing with the Regional Hearing Clerk . Date: I) to/I S 1omas Rucki egional Judicial Officer 13 CERTIFICATE OF SERVICE I hereby certify that on the 6th day of January, 201 5, the original of the foregoing Consent Agreement and Final Order was hand delivered to the Regional Hearing Clerk, U.S. EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, and that a true and correct copy of the CAFO was sent to the following by the method identified below: CERTIFIED MAIL - RETURN RECEIPT REQUESTED 7000 0520 0022 2558 5377 and 7000 0520 0022 2558 5384, Respectively Mr. Doug Ferrell Registered Agent for Service 110 Marrakech Ct Bellaire, TX 7740 1-5 122 Ms. Emily Rogacion Pro Plastics Inc. 953 0 Baythorne Drive Houston, TX 77041 (fi\\'>QGSk__.... ~Jackson Paralegal 14