Document VG1a0a3jr4MV4w8DLEGOOzNRj

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6 DALLAS, TEXAS FILED 1016 JU;! 23 PH 2: 14 IN THE MATTER OF: TLMI Corporation Austin, Texas RESPONDENT " Consent Agreement and Final Order Docket No. RCRA-06-2016-0916 CONSENT AGREEMENT AND FINAL ORDER I. PRELIMINARY STATEMENT 1. This Consent Agreement and Final Order (CAFO) is entered into by the United States Environmental Protection Agency, Region 6 and Respondent, TLMI Corporation, and concerns the facility located at 2111 West Braker Lane #500, Austin, Texas 78758. 2. Notice of this action has been given to the State of Texas, under Resource Conservation and Recovery Act (RCRA) 3008(a)(2), 42 U.S.C. 6928(a)(2). 3. For the purpose of these proceedings, Respondent admits the jurisdictional allegations herein; hQwever, the Respondent neither admits nor denies the specific factual allegations and conclusions of law contained in this CAFO. This CAFO states a claim upon which relief may be granted. 4. Respondent explicitly waives any right to contest the allegations or to appeal the proposed final order contained in this CAFO, and waives all defenses that have been raised or could have been raised to the claims set forth in the CAFO. 5. This CAFO resolves only those violations alleged in this document. TLMI Corporation RCRA-06-20 16-0916 6. The Respondent consents to the issuance of the CAPO hereinafter recited, consents to the assessment and payment of the stated civil penalty in the amount and by the method set out in this CAPO, and consents to the specific stated compliance order. II. JURISDICTION 7. This CAPO is issued by EPA pursuant to RCRA 3008(a), 42 U.S.C. 6928(a), as amended by the Hazardous and Solid Waste Amendments of 1984 and is simultaneously commenced and concluded through the issuance of this CAPO under 40 C.P.R. 22.13(b), 22.18(b)(2), (3). 8. Respondent agrees to undertake and complete all actions required by the terms and conditions ofthis CAPO. In any action by the EPA or the United States to enforce the terms ofthis CAPO, Respondent agrees not to contest the authority or jurisdiction of the EPA to issue or enforce this CAPO, and agrees not to contest the validity of this CAPO or its terms or conditions. III. FINDINGS OF FACT AND CONCLUSIONS OF LAW 9. Respondent is a corporation formed under the laws ofthe State of Texas and owns and operates the facility located at 2111 West Braker Lane #500, Austin, Texas 78758. 10. Respondent is a "person" within the meaning ofRCRA 1004(15), 42 U.S.C. 6903(15); and 30 TEX. ADMIN. CODE 3.2(25) (40 C.P.R. 260.10). 11. The Braker Lane facility is a "facility" within the meaning of30 TEX. ADMIN. CODE 335.1(59) (40 C.P.R. 260.10). 12. The primary business at the facility is electroplating components for the technology industry. 2 TLMI Corporation RCRA-06-2016-0916 13. Respondent's Registered Agent for service in this matter is Don Prusha, at 2111 West Braker Lane #500, Austin, Texas 78758. 14. From October 2015 through January 2016, EPA conducted an investigation and record review of Respondent's performance as a generator of hazardous waste. 15. EPA's investigation foundthat Respondent violated the requirements ofRCRA and the regulations promulgated at 40 C.F.R. 261, 262, and 270 by failing to comply with the RCRA notification requirements, failing to operate within its stated generator status, managing waste without an EPA ID number, failing to comply with Land Disposal Restrictions, and failing to perform adequate hazardous waste determination. 16. TLMI is a "generator" of "hazardous wastes" at the facility, as those terms are defined in RCRA 1004(5), (6), 42 U.S.C. 6903(5), (6), and 30 TEX. ADMIN. CODE 335.1(65), (69) (40 C.P.R. 260.10). 17. As a generator of hazardous waste, TLMI is subject to RCRA 3002 and 3010, 42 U.S.C. 6922 and 6930, and the regulations set forth at 30 TEX. ADMIN. CODE 335(C), (F) (40 C.P.R. 262 and/or 270). Claim 1: Failure to file an adequate or accurate initial or subsequent Section 3010 (a) of RCRA, 42 U.S.C. 6930 (a) 18. The allegations in Paragraphs 1-17 are realleged and incorporated herein by reference. 19. Pursuant to Section 3010(a) ofRCRA, 42 U.S.C. 6930(a), any person generating a characteristic or listed 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. 3 TLMI Corporation RCRA-06-2016-0916 20. Pursuant to 30 TEX. ADMIN. CODE 335.78(a), (b) (40 C.P.R. 261.5(a), (b)), a generator is a conditionally exempt small quantity generator (CESQG) if he generates no more than 100 kg ofhazardous waste in a calendar month and complies with 30 TEX. ADMIN. CODE 335.78(), (g), G) (40 C.P.R. 261.5 (f), (g), Q)). A CESQG may be exempt from the notification requirements ofRCRA 3010(a). 21. From 2013 to 2015 TLMI generated hazardous waste in amounts exceeding CESQG criteria and the exemptions in 40 C.P.R. 261.5 were not applicable. 22. At the time of the investigation, TLMI had not filed with the Administrator or with the authorized state an adequate notification of hazardous waste activities in violation of Section 3010(a) ofRCRA, 42 U.S.C. 6930(a). Claim2: Failure to meet the requirements of a Small Quantity Generator 23. The allegations in Paragraphs 1-17 are realleged and incorporated herein by reference. 24. A generator of hazardous waste is subject to the requirements of30 TEx. ADMIN. CODE 335(C)-(H), (0) (40 C.P.R. 124, 262-68, 270). 25. A CESQG that complies with the applicable requirements of30 TEX. ADMIN. CODE 335.78 (40 C.P.R. 261.5) may be exempt from regulation under 30 TEX. ADMIN. CODE 335. 26. From 2011 to 2015 TLMI declared its generator status as a CESQG. 27. From 2013 to 2015 TLMI generated hazardous wastes exceeding the CESQG threshold established in 30 TEX. ADMIN. CODE 335.78 and therefore operated as a small quantity generator. 28. While operating as a small quantity generator in 2013 to 2015, TLMI failed to comply with one or more of the requirements for small quantity generators under 30 TEX. ADMIN. CODE 335(C) and/or (F) (40 C.P.R. 262 and/or 270). 4 Claim 3: TLMI Corporation RCRA-06-2016-0916 Managing Hazardous Waste without an EPA ID 29. The allegations in Paragraphs 1-17 are realleged and incorporated herein by reference. 30. 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 receiving an EPA identification number from the Administrator. 31. From 2013 to 2015, TLMI treated, stored, disposed of, and/or offered for transportation hazardous waste without having received an EPA identification number from the Administrator, in violation of30 TEX. ADMIN. CODE 335.63(a), (40 C.F.R. 262.12(a)). Claim 4: Failure to fully comply with the Land Disposal Restrictions 32. The allegations in Paragraphs 1-17 are realleged and incorporated herein by reference. 33. Pursuant to 30 Tex. Admin. Code 335.431 (40 C.F.R. 268)), certain land disposal restrictions apply to persons that generate hazardous waste. 34. From 2013 to 2015, TLMI generated hazardous waste but failed to comply with the land disposal restrictions found in 40 CFR 268. Claim 5: Failure to perform an adequate hazardous waste determination pursuant to 40 CFR 262.11 35. The allegations in paragraphs 1-25 are realleged and incorporated herein by reference. 36. 30 Tex. Admin. Code 335.62 (40 C.F.R. 262.11) requires all persons generating solid waste to determine if that waste is hazardous according to the methods described therein. 5 TLMI Corporation RCRA-06-2016-0916 37. From 2013 to 2015, Respondent failed to make adequate hazardous waste determinations of its waste streams from electroplating containing wastes coded D001, D002, D008, and F003. 38. Respondent violated RCRA and its promulgated regulations by failing to make the requisite hazardous waste determination regarding its waste stream according to the method prescribed by 30 TEX.ADMIN.CODE 335.62. IV. COMPLIANCE ORDER 39. Pursuant to RCRA 3008(a), 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 this CAPO, Respondent shall provide in writing the following: A. Respondent shall certify that it has assessed all its solid waste streams to determine the accurate waste codes and has developed and implemented Standard Operating Procedures (SOP) to ensure that TLMI is operating in compliance with RCRA and the regulations promulgated thereunder, including, but not limited to, procedures for: (i) making hazardous waste determinations; (ii) managing hazardous wastes; and (iii) reporting, transporting, and disposing ofhazardous waste. B. Respondent shall provide, with its certification, a copy of Respondent's SOPs as described in subparagraph A above. 40. In all instances in which this CAPO requires written submission to EPA, the submittal made by Respondent shall be signed by an owner or officer of TLMI and shall include the following certification: 6 TLMI Corporation RCRA-06-20 16-0916 "I certify under the penalty 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 personnel properly gathered and evaluated the information submitted. Based on my inquiry ofthe 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 belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." Copies of all documents required by the CAFO shall be sent to the following: 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 Attn: Fred Deppe V. TERMSOFSETTLEMENT A. Penalty Provisions 41. Section 3008 ofRCRA, 42 U.S.C. 6928, authorizes EPA to assess a civil penalty of up to Thirty-Seven Thousand Five Hundred Dollars ($37,500) per day for each violation. However, based on EPA's analysis of Respondent's ability to pay, EPA calculates an adjusted penalty of $15,000. Upon consideration of the entire record herein, 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 Respondent's good faith efforts to comply with the applicable regulations, it is ordered that Respondent be assessed a civil penalty of $15,000. 42. The penalty shall be paid in twenty four (24) monthly installments of$625 beginning within thirty (30) calendar days of the effective date of this CAFO and made payable to Treasurer, United States of America. 7 TLMI Corporation RCRA-06-20 16-0916 43. The following are Respondent's options for transmitting the penalties: Checks sent via U.S. Postal Mail (including certified mail) or U.S. Postal Service Express Mail should be remitted to: U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P.O. Box 979077 St. Louis, MO 63197'-9000 Checks sent via Overnight Mail (non-U.S. Postal Service) should be remitted to: U.S. Bank Government Lockbox 979077 U.S. EPA Fines and Penalties 1005 Convention Plaza SL-MO-C2-GL St. Louis, MO 63101 314-418-1028 Wire Transfers should be remitted to: Federal Reserve Bank ofNew York ABA: 021030004 Account No. 68010727 SWIFT address = FRNYUS33 33 Liberty Street New York, NY 10045 The case name and docket number (In the Matter of TLMI Corporation, Docket No. RCRA-06-2016-0916) shall be documented on or within your chosen method of payment to ensure proper credit. 44. The Respondent shall send a simultaneous notice of such payment to the following: Lorena S. Vaughn Regional Hearing Clerk (6RC-D) U.S. EPA, Region 6 1445 Ross Avenue Dallas, TX 75202-2733 8 TLMI Corporation RCRA-06-2016-0916 Mark Potts, Chief Waste Enforcement Branch (6EN-H) Compliance Assurance and Enforcement Division U.S. EPA, Region 6 1445 Ross Avenue Dallas, TX 75202-2733 Attn: Fred Deppe Your adherence to this request will ensure proper credit is given when penalties are received by EPA. 45. Pursuant to 31 U.S.C. 3717 and40 C.F.R. 1311, 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 processing 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 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 ofthe United States Treasury tax and loan rate in accordance with 40 C.F.R. 13.11(a). Moreover, the costs ofthe Agency's administrative handling of overdue debts will be charged and assessed monthly throughout the period the debt is overdue. 40 C.F.R. 13.11 (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 that 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. 40 C.F.R. 901.9(d). Other penalties for failure to make a payment may also apply. 9 B. Costs TLMI Corporation RCRA-06-2016-0916 46. 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 Enforcement Fairness Act (P.L. 04-121), and any regulations promulgated pursuant to those Acts. C. Termination and Satisfaction 47. When Respondent believes that it has complied with all the requirements of this CAFO, including compliance with the Compliance Order and payment of the civil penalty, Respondent shall also certify this in writing and in accordance with the certification language set forth in Section IV (Compliance Order), Paragraph 23. Unless the EPA, Region 6 objects in writing within sixty (60) days ofEPA's receipt of Respondent's certification, then this CAFO is terminated on the basis of Respondent's certification. D. Effective Date of Settlement 48. This CAFO shall become effective upon filing with the Regional Hearing Clerk. 10 TLMI Corporation RCRA-06-20 16-0916 THE UNDERSIGNED PARTIES CONSENT TO THE ENTRY OF THIS CONSENT AGREEMENT AND FINAL ORDER: FOR THE RESPONDENT: Date: - - - () -- /t-C+, --3-,rj-;-(-,- - - - - - Don Prusha President TLMI Corporation FOR THE COMPLAINANT: Date: G:, Z. \ J(p Compliance Assurance and Enforcement Division 11 FINAL ORDER TLMI Corporation RCRA-06-2016-0916 Pursuant to the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, 40 C.F.R. Part 22, the foregoing CAFO is hereby ratified. This Final Order shall not in any case affect the right of EPA or the United States to pursue appropriate injunctive or other equitable 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 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. 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 C.P.R. 22.31(b) this Final Order shall become effective upon filing with the Regional Hearing Clerk. Date: ----------------- JUN 2 3 2016 Regional Judicial Officer 12 CERTIFICATE OF SERVICE TLMI Corporation RCRA-06-2016-0916 I herebycertify that on them_day of :s-UX\L; ,2016, 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 CAPO was sent to the following by the method below: CERTIFIED MAIL- RETURN RECEIPT Don Prusha President TLMI Corporation 2111 West Braker Lane #500 Austin, TX 78758 Ms. Lori Jackson Paralegal 13