Document ExwYJqM6ZDVJKw6Vx5V82Rn84

UNJ'fED STATES FILED ENVIRONMENTAL PROTECTION AGEN~W:, L. :J i '~ REGION 6 DALLAS, TX ''" L:';\ ;', ,:Jr! ;~ IN THE MATTER OF: Residuos Industriales Multiquim, S.A. de C.V. 929 E. Esperanza Ave, Suite 12 McAllen, TX 78501 RESPONDENT EPA ID TXR000066720 s s Consent Agreement and Final Order I) ~ USE!'A Docket No. RCRA-06-2014-0917 s s :s; s s :s; CONSENT AGREEMENT' AND FINAL ORDER I. PRELIMINARY STATEME)'-I..I I. This Consent Agreement and Final Order (''CAFO") is etitcrcd into by the United States. Environmental Protection Agency, Region 6 ("EPA" or "Complainant") and Rcsiduos Industriales Multiquim, S.A. de C.V ("RIMSA" or "Respondent"), and concerns the RIMSA fi.1cility located at 929 E. Esperanza Avenue, Suite 12, McAllen, Texas 7850 I. 2. Notice of this action has been given to the State of Texas, under Section 3008(a)(2) of the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. 6928(a)(2). 3. For the purpose of these proceedings, Respondent admits the jurisdictional allegations herein; however, the Respondent neither admits nor denies the speciilc E1ctual allegations and conclusions of law contained in this CAFO. This CAFO states a claim upon which relief may be granted. Rc: RIMSA RCRA-06-2014-0917 4. The Respondent explicitly waives any right to contest the allegations and its right to appeal the proposed final order contained in this CAFO, and waives all defenses which have been raised or could have been raised to the claims set forth in the CAFO. 5. The CAFO resolves only those violations and Ltcts which arc alleged herein. 6. The Respondent consents to the issuance of the CAFO hereinafler recited, consents to the assessment and payment of the stated civil penalty in the amount and by the method set out in this CAFO, and consents to the specific slated compliance order. II. JURISDICTION 7. This CAFO is issued by the EPA pursuant to Section 3008(a) ofRCRA, 42 U.S.C. 6928, as amended by the Hazardous and Solid Waste Amendments of 1984 ("HSWA") and is simultaneously 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 all actions required by the terms and conditions of this CAFO. In any action by the EPA or the United States to enforce the terms of this 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. 2 Re: RIMSA RCRA-06-20 14-0917 III. FINDING OF FACT'S i\,ND CONCLUSIONS OF LAW 9. RIMSA owns and operates a company that acts as the importer for hazardous waste generated at maquiladoras in Mexico and disposed of in the United States of America and as such RIMSA must comply with the applicable requirements of Title 30 of the Texas Administrative Code ("TEX.ADMIN.CODE") and 40 C.F.R. Part 262. 30 TEX.ADMIN.CODE 335.76 (a) and 40 C.F.R. 262.60(a). 10. Respondent is a "person" within the meaning of Section 1004(15) ofRCRA, 42 U.S.C. 6903(15); and 30 TEX.ADMIN.CODE 3.2(25), [40 C.F.R. 260.1 0]. II. During the period of January 2014 through July 2014, EPA conducted a RCRA investigation and record review ("Investigation") of RIMSA's performance as an importer of record and therefore a generator of hazardous waste f(Jr its operation in the Stale of Texas. 12. During the Investigation, EPA discovered that RIMSA, at a minimum, imported the following waste: 1. DOO I, ignitable hazardous waste; 11. D002, corrosive hazardous waste; 111. D003, reactivity hazardous waste; IV. Hazardous wastes that exhibit the toxicity characteristic fc1r arsenic, barium, cadmium, chromium, lead, mercury, silver, chlorobenzene; and methyl ethyl ketone, lelrachloroethylene, trichloroethylene, respectively with the hazardous 3 Re: RIMSA RCRA-06-20I4-0917 waste codes, D004, D005, D006, D007, D008, D009, DO I I, D021, D035, ])039, D040; and v. At least four (4) listed hazardous waste streams described as spent non- halogenated solvent and spent halogenated with one or all of the following waste codes: FOO I, F002, F003, F005. 13. The waste streams identified in Paragraph 12 arc hazardous waste as defined in 30 TEX.ADMIN.CODI: 335. 1(69), [40 C.F.R. 261 .24]. I4. From the Investigation, EPA determined that during the period of 2009 through 20 I3, RIMSA imported the hazardous waste streams identified in Paragraph I 2 and in quantities that exceeded the threshold amount of l ,000 kilograms of hazardous waste per month, which qualifies RIMSA for the large quantity generator status as established under 30 TEX.ADMIN.CODE Chapter 335, Subchapter C, [40 C.F.R. Part 262]. 15. As an importer, RIMSA is a "generator" of "hazardous wastes" as those terms arc defined in Sections 1004(5) & (6) ofRCRA, 42 U.S.C. 6903(5) & (6), and/or 30 TEX ADMIN.CODE 335.1 (65) & (69), [40 C.F.R. 260.10.J. 16. As a generator of hazardous waste, RIMSA is subject to Sections 3002 and 3010 ofRCRA, 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. Notif1cation Requirements 17. The allegations in Paragraphs 1-16 arc rcallcged and incorporated herein by reference. 4 Rc: RIMSA RCRA-06-20 14-0917 18. Pursuant to 30 TEX.ADMIN.CODE 335.61(c), [40 C.F.R. 262.60(a)], as an importer of hazardous waste into the United States, RIMSA must comply with the standards applicable to generators. 19. Pursuant to Section 301 O(a) ofRCRA, 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 identilicd or listed hazardous wastes handled by such person. 20. At the time of the Investigation, RIMSA had filed a RCRA 3010 EPA Notification Form 8700-12 ("Notification") indicating in Section 1O.A.I that it is an importer. However, RIMSA did not indicate its generator size and status nor did RIMSA indicate that it is a large quantity handler of universal hazardous waste. 21. RIMSA did not file a proper and/or subsequent Notification of hazardous waste activities with the Administrator or authorized State in violation of Section 30 IO(a) of RCRA, 42 U.S.C. 6930(a). Claim ii. Failutc to Comply with the Manifest Rc<Juircmcnts 22. The allegations in Paragraphs 1-21 arc rcal!egcd and incorporated herein by reference. 23. Pursuant to 30 TEX.ADMJN.CODE 335.76(d), [40 C.F.R. 262.60(b)[ when importing hazardous waste, a person must meet all the requirements of 30 TEX.ADMIN.CODE 335.10(a), [40 C.F.R. 262.20] for the manifCst except that the importer of record must meet the spccinl requirements at, 40 C.F.R. 262.60(b)(l) and (2); (d); & (c). incorporated 5 Re: RIMSA RCRA-06-2014-0917 by reference in 30 TEX.ADMIN.CODE 335.10 and (a). In addition, the generator must comply with 30 TEX.ADMIN.CODE 335.1 O(a)( I). 24. Pursuant to 30 TEX.ADMIN.CODE 335.1 O(a)(l ), [40 C.F.R. 262.20(a)J a large quantity generator shall not offer its hazardous waste for shipment unless it prepares a standard manifest form (EPA Form 8700-22) according to the instructions found in the Appendix to 40 C.F.R. Part 262 and includes the EPA and Texas waste codes for each hazardous waste itemized on the manifest. 25. On September 18, 2013, RIMSA on manifest number 000422318GBF offered its hazardous waste for transport and treatment, without first including the name and address of the foreign generator. Further, the manifest did not include the Texas waste codes l(lr each hazardous waste itemized on the manifest. 26. On November 25,2013, RIMSA on manifest number 000422339GBF offered its lm-Lardous waste for transport and treatment, without.Jlrst including the name and address of the f(Jreign generator. Further, the manifest did not include the Texas waste codes for each hazardous waste itemized on the manifest. 27. Therefore, RIMSA failed to accurately and adequately prepare its hazardous waste manifests i(Hthe shipments of hazardous waste identified in Paragraphs 25 and 26 above in violation of 30 TEX.ADMIN.CODE 335.10(a) and (a)(!), [40 C.F.R. 262.20(a) & 262.60(b)[. Claim iii. Failure to file Biennial Reports 28. The allegations in Paragraphs l-27 arc rcallcged and incorporated herein by reference. 6 Re: RIMSA RCRA-06-20 14-0917 29. Pursuant to 30 TEX.ADMIN.CODE 335.71, [40 C.F.R. 262.41] a generator who ships any hazardous waste off-site for treatment, storage and/or disposal must prepare and submit a biennial Report to EPA's Regional Administrator, and to the TCEQ, by March I of each even-numbered year as is required by 30 TEX.ADMIN.CODE 335.71, !.40 C.F.R. 262.41]. 30. At all times relevant to this CAFO, the EPA and/or the TCEQ did not receive the requisite number of biennial Reports that RIMSA was required to file in violation of 30 TEX.ADMIN.CODE 335.71, [40 C.F.R. 262.41 ]. IV. COMPLIANCE ORDER 31. Pursuant to Section 3008(a) of RCRA, 42 U.S.C. 6928(a), Respondent is hereby ordered to take the following actions, and within ninety (90) calendar days of the effective date of the settlement agreement, Respondent shall provide in writing the following: A. Respondent shall certify that it has reviewed all environmental requirements (Federal and State) that arc applicable to RIMSA as an importer and generator of hazardous waste and has developed and implemented a RCRA Compliance Plan designed to ensure that RIMSA is meeting the applicable importer and generator standards, including its manifest and reporting requirements; B. Respondent shall certify that it has accurately and adequately complied with its RCRA Section 30 I0 Notification obligation; and 7 Re: RIMSA RCRA-06-20!4-0917 C. Respondent shall provide, with its certification, a copy of Respondent's RCRA Compliance Plan as described in subparagraph A above. 32. In all instances in which this CAFO requires written submission to EPA, the submi11almade by Respondent shall be signed by a responsible oillcial of RIMSA and shall include the following certitlcation: "l certify under the penalty oflaw 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 qualilicd personnel properly gathered and evaluated the information submi1ted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible J(Jr gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there arc signilicant penalties for submi11ing false information, including the possibility of fine and imprisonment for knowing violations." For purposes of this certification, a "responsible oHicial" of a Respondent means a person with the authority to bind Respondent as to the truth, accuracy, and completeness of all certified information. Copies of all documents required by this CAFO shall be sent to the ]()!lowing: U.S. Environmental Protection Agency Compliance Assurance and Enforcement Division Hazardous Waste Enforcement Branch Compliance Enforcement Section (6EN-HC) 1445 Ross Avenue Dallas, TX 75202-2733 A11n: Dale Thrush v. TERMS OF SETTLEMENT i. Penalty l'tovisions 33. Pursuant to the authority granted in Section 3008 ofRCRA, 42 U.S.C. 6928, and upon consideration of the entire record herein, including the above referenced Findings of Fact and 8 Rc: RIMSA RCRA-06-20 14-0917 Conclusions of Law, which arc hereby adopted and made a part hereof: upon the seriousness of the alleged violations, and Respondent's good faith eJI(Jrts to comply with the applicable regulations, it is ordered that Respondent be assessed a civil penalty of One Hundred and Two Thousand Seven Hundred Dollars ($1 02,700.00). 34. The penalty shall be paid within thirty (30) calendar days ofthc efTective date of this CAFO and made payable to the Treasurer United States. 35. The following are Respondent's options for transmitting the penalties: Regular Mail, U.S. Postal Mail (including certified mail) or U.S. Postal Service Express Mail, the check should be remitted to: U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P.O. Box 979077 St. Louis, MO 63197-9000 Overnight Mail (non-U.S. Postal Service), the check should be remitted to: U.S. Bank Government Lockbox 979077 US EPA Fines and Penalties I005 Convention Plaza SL-MO-C2-GL St.Louis,MO 63101 314-418-1028 9 Rc: RIMSA RCRA-06-2014-091 7 Wire Transfer: Federal Reserve Bank of New York ABA: 021030004 Account No. 68010727 SWIFT address= FRNYUS33 33 Liberty Street New York, NY 10045 The case name and docket number (In the Maller of Residuos Industriales Multiquim, S.A. de C.V Docket No. RCRA-06-2014-0917) shall be clearly documented on or within your chosen method of payment to ensure proper credit. 36. The Respondent shall send a simultaneous notice of such payment to the fi:Jllowing: Lorena S. Vaughn Regionall-learing Clerk (6RC-D) U.S. EPA, Region 6 1445 Ross Avenue Dallas, Texas 75202-2733 Mark Polls, Associate Director Hazardous Waste Enforcement Branch (6EN-H) Compliance Assurance and Enforcement Division U.S. EPA, Region 6 1445 Ross Avenue Dallas, Texas 75202-2733 Allention: Dale Thrush Your adherence to this request will ensure proper credit is given when penalties arc received by EPA. 37. Pursuant to 31 U.S.C. 3717 and 40 C.F.R. 13.11, unless 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 10 Re: RIMSA RCRA-06-20 I4-0917 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 civil penalty that is not paid within thirty (30) calendar days of the civil penalty's due date and will be assessed at the rate of the United States Treasury tax and loan rate in accordance with 40 C.F.R. 13.11 (a). Moreover, the costs of EPA's administrative handling overdue debts will be charged and assessed monthly throughout the period the debt is overdue. 40 C.F.R. 13.1 I(b). EPA will also assess a$ I 5.00 administrative handling charge for administrative costs on unpaid penalties for the thirty (30) day period after the payment is due and an additional $I 5.00 l~lr 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 porti01i of the debt which remains delinquent more than ninety (90) days. 40 C.F.R. 13.ll(b). Should a penalty charge on the debt be required, it shall accrue Jh)lll the first day payment is delinquent. 31 C.F.R. 901.9(d). Other penalties f(ll' failure to make a payment may also apply. ii. Cost 38. 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 Regulatory Eni(Jrccment Fairness Act (P.L. 04-121 ), and any regulations promulgated pursuant to those Acts. I I Re: RIMSA RCRA-06-2014-0917 iii. Termination and Satisfaction 39. The provisions of this CAFO will terminate when one of the following two conditions has been satisfied, unless the EPA, Region 6 objects in writing with specific reasons within sixty (60) days of EPA's receipt of Respondent's certification, then this CAFO is terminated on the basis of Respondent's certification: A. When the Respondent certifies to El'A in writing, and in accordance with the certification language set forth in Section IV, (Compliance Order), Paragraph 32 that Respondent has made payment of the civil penalty required under this CAFO and has ceased all activities that require notification of hazardous waste activities under Section3010(a) ofRCRA and its use of EPA ID No. TXR000066720 for its operations, including acting as an importer of record for hazardous wastes entering the United States; or B. When the Respondent believes that it has complied with all the requirements of this CAFO, including compliance with the Compliance Order and the payment of the civil penalty, Respondent shall so certify in writing and in accordance with the certification language set forth in ScctionlV, (Compliance Order), Paragraph 32. iv. Effective Date of Settlement 40. This CAFO shall become efTcctivc upon filing with the Regional Hearing Clerk. 12 Re: RlMSA RCRA-06-2014-091 7 THE UNDERSIGNED PARTIES CONSENT TO THE ENTRY OF THIS CONSENT AGREEMENT AND FINAL ORDER: FOR THE RESPONDENT: FOR THE COMPLAINANT: Date: Cf /~ /'t Fernando Javier Paez oreno Director Environmental Health & Safety Residuos Industriales Multiquim, S.A. de C.V Director Compliance Assurance and Enforcement Division 13 Re: RIMSA RCRA-06-20 14-0917 FINAL ORDER Pursuant to the Consolidated Rules of Practice Govcrning'thc Administrative Assessment of Civil Penalties, 40 CFR Part 22, the foregoing CAFO is hereby ratillcd. This Finn! Order shall not in any case afTcct the right of EPA or the United States to pursue appropriate injunctive or other equitnble relief or criminal sanctions for any violations of law. This Final Order shall resolve 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 off1cers, 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 Respondent is ordered to comply with the terms of settlement and the civil penalty payment instructions as set forth in the CAFO. Pursuant to 40 CFR 22.31 (b) this Final Order shall become cfTcctivc upon filing with the Regional Hearing Clerk. --J?k4~'diZr:/' Thomas Rucki Regional Judicial Officer 14 Rc: RIMSA RCRA-06-20I4-09I 7 CJmTIFICATE OF SJ<:RVJCE I (/ Q"" .rtl-- 1 hereby certify that on the __J.t__ day of~, 20I4, the original of the foregoing Consent Agreement and Final Order was hand delivered to the Regional Hearing Clerk, U.S. El'A - Region 6, I445 Ross A venue, 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 ']0/4Q50 0{1)(.)d~53 ~(']5:J Residuos Industriales Multiquim, S.A. de C.V 929 E. Esperanza Ave. Suit I2 McAllen, TX 7850 I Copies to: Ms. Aileen Hooks Attorney for RIMSA Baker and Botts L.L.I' 98 San Jacinto Blvd, Suite Austin, TX 7870 I 1500 ~'"" Paralegal 15