Document VjQYkQ0rOGOa9kkLan74Z4q68

l JNITED STATES ENVIRONMENTAL PROTECTION AGEN~Y REGION 6 I f.i. DALLAS, TEXAS .. L C1 r!LE D ?u L' 2: ? I l h i\ IN THE MATTER OF: Hendrick Medical Center Abilene, Texas RESPONDENT Consent Agreement and Final Order Docket No. RCRA-06-2016-0943 CONSENT AGREEMENT AND FINAL ORDER I. PRELIMINARY STATEMENT 1. This Consent Agreement and Fi nal Order (CAFO) is entered into by the United States Environmental Protection Agency, Region 6 and Respondent, Hendrick Medical Center, and concerns the facility located 1900 Pine Street, Abilene, Texas. 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; however, 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 fo11h in the CAFO. 5. This CAFO resolves only those violations alleged in this document. Hendrick Medical Center RCRA-06-2016-0943 6. The Respondent consents to the issuance of the CAFO hereinafter recited, consents to the assessment and payment of the stated civil penalty in the amount and by the method sci out in this CAFO, and consents to !he specific stated compliance order. II. JURISDICTION 7. This CAFO 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 CAFO under 40 C.F.R. 22.13(b), 22.18(b)(2), (3). 8. Respondent agrees lo undertake and complete all actions required by the terms and conditions of this CAFO. In any action by !he EPA or the United States to enforce the terms of this CAFO, Respondent agrees not to contest the authority or jurisdiction of !he EPA to issue or enforce this CAFO, and agrees not to contest the validity of this CAFO or its terms or conditions. III. FINDINGS OF FACT AND CONCLUSIONS OF LAW 9. Respondent is a corporation formed under the laws of the State of Texas and owns and operates its primary hospital and health care facility at 1900 Pine Street, Abilene, Texas. 10. Respondent is a "person" within the meaning of RCRA 1004(15), 42 U.S.C. 6903(15); and 30 TEX. ADMIN. CODE 3.2(25) (40 C.F.R. 260.10). 11. The facility's NAICS classification is 622110, referring to general medical and surgical hospitals. 12. Respondent's Registered Agent for service in this matter is Ivan Lancaster, at 1900 Pine Street, Abilene, Texas. 2 Hendrick Medical Center RCRA-06-2016-0943 13. From January through June 2016, EPA conducted an investigation and record review of Respondent's performance as a generator of hazardous waste. 14. EPA's investigation found that 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 meet the requirements of a large quantity generator, failing to submit a biennial rep01i, and failing to fully comply with manifest requirements. 15. Respondent is a "generator" of "hazardous wastes" at the facility, as those terms arc defined inRCRA 1004(5), (6), 42 U.S.C. 6903(5), (6), and 30 TEX. ADMIN. CODE 335.1(65), (69) (40 C.F.R. 260.10). 16. As a generator of hazardous waste, Respondent 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.F.R. 262 and/or 270). Claim I: Failure to File an Adequate or Accurate Initial or Subsequent Notification Section 3010 (a) ofRCRA and 30 TEX. ADMIN. CODE 335.6(c) 17. The allegations in Paragraphs 1-16 arc reallcged and incorporated herein by reference. 18. Pursuant to 30 TEX. ADM!N. CODE 335.6(c), 30 TEX. ADMIN. CODE 335.78, and Section 3010 (a) ofRCRA any person generating in excess of one kilogrnm of acutely hazardous waste in any given calendar month shall notify the State of Texas of such activity. 19. From July 1, 2011 through June 30, 2016, Respondent episodically generated acutely hazardous waste in an amount exceeding one kilogram in a given calendar month. 3 Hendrick Medical Center RCRA-06-2016-0943 20. At the time of EPA's investigation, Respondent had not filed wilh the state an adequate notification of hazardous waste activities in violation of30 TEX. ADMIN. CODE 335.6(c). Claim 2: Failure to Meet the Requirements of a Large Quantity Generator 21. The allegations in Paragraphs 1-16 are reallcged and incorporated herein by reference. 22. A large quantity generator of hazardous waste is subject to the requirements of 30 TEX. ADMIN. CODE 335(C)-(l-l), (0) (40 C.F.R. 124, 262-68, 270). 23. Under 30 TEX. ADMIN. CODE 335.78 (40 C.F.R. 261.5), any person who generates in excess of one kilogram of acutely hazardous waste in any given calendar month is a large quantity generator and is subject lo the requirements of TEX. ADMIN. CODE 335. 24. From July 1, 2011 through June 30, 2016, Respondent episodically generated acutely hazardous waste in an amount exceeding one kilogram in a given calendar month. 25. While episodically operating as a large quantity generator Respondent failed to comply with one or more of the requirements for large quantity generators under 30 TEX. ADMIN. CODE 335(C) and/or (F) (40 C.F.R. 262 and/or 270). Claim 3: Failure to File a Biennial Report 26. The allegations in Paragraphs 1-15 arc realleged and incorporated herein by reference. 27. A large quantity generator of hazardous waste who ships waste offsite is subject to the requirement of 40 C.F.R. 262.41 to submit a single copy of a Biennial Report to the Regional Administrator by March 1 of each even numbered year. 4 Hendrick Medical Center RCRA-06-2016-0943 28. From 2011to2015 Respondent acted as a large quantity generator. 29. Respondent failed to submit a biennial report to the regional administrator by March 1of2012,2014, and 2016, in violation of40 C.F.R. 262.41. Claim 4: 262.20 Failure to Fully Comply With the Manifest Requirements of 40 C.F.R. 30. The allegations in Paragraphs 1-16 are realleged and incorporated herein by reference. 31. Pursuant to 40 C.F.R. 262.20, all generators of hazardous waste who ship waste offsite must prepare a manifest according to the directions in that section and its appendix. 32. In 2011, Respondent sent a shipment of hazardous waste offsite but failed to properly prepare a manifest, in violation of 40 C.F.R. 262.20. IV. COMPLIANCE OR})ER 33. Pursuant lo 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 CAFO, 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 Hendrick Medical Center 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 of hazardous waste. 5 Hendrick Medical Center RCRA-06-2016-0943 B. Respondent shall provide, with its certification, a copy of Respondent's SOPs as described in subparagraph A above. 34. In all instances in which this CAFO requires written submission to EPA, the submittal made by Respondent shall be signed by an officer of Hendrick Medical Center and shall include the following certification: "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 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 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 !mowing 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 Waste Enforcement Branch Waste Compliance III Section (6EN-H3) 1445 Ross Avenue Dallas, TX 75202-2733 Attn: Ashley Pederson V. .TERMS OF SETTLEMENT A. Penalty Provisions 35. Section 3008 ofRCRA, 42 U.S.C. 6928, authorizes EPA to assess a civil penally of up to Thirty-Seven Thousand Five Hundred Dollars ($37,500) per day for each violation. 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, Respondent's cooperation with EPA's investigation, and Respondent's good faith efforts to comply with the applicable 6 Hendrick Medical Center RCRA-06-2016-094 3 regulations, it is ordered that Respondent be assessed a civil penalty of One Hundred Fifteen Thousand Dollars ($115,000.00). 36. The penalty shall be paid within thirty (30) calendar days of the effective date of this CAFO and made payable to Treasurer, United States of America. 37. 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 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 Matter of Hendrick Medical Center, Docket No. RCRA-06-2016-0943) shall be documented on or within your chosen method of payment to ensure proper credit. 7 Hendrick Medical Center RCRA-06-2016-094 3 38. 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 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: Ashley Pederson Your adherence to this request will ensure proper credit is given when penalties are received by EPA. 39. Pursuant to 31U.S.C.3717 and40 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 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 of the United States Treasury tax and loan rate in accordance with 40 C.F.R. 13.1 l(a). Moreover, the costs of the 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 8 Hendrick Medical Center RCRA-06-2016-094 3 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. 13.1 l(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. B. Costs 40. 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 lJ.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 41. 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 ce1iification language set forth in Section IV (Compliance Order), Paragraph 34. Unless the EPA, Region 6 objects in writing within sixty (60) clays ofEPJ\'s receipt of Respondent's certification, then this CAFO is terminated on the basis of Respondent's certification. D. Effective Date of Settlement 42. This CAFO shall become effective upon filing with the Regional Hearing Clerk. 9 Hendrick Medical Center RCRA-06-2016-0943 THE UNDERSIGNED PARTIES CONSENT TO THE ENTRY OF THIS CONSENT AGREEMENT AND FINAL ORDER: FOR THE RESPONDENT: Date: _B_~__\o_ _ HENDRICK MEDICAL CE By: ~~__;~~--I.J-~~;:t;,=::a- Printed: ~ {f,1v1 l..Jvrz Ck. S/.t,v- Titlc: '{Ill?(i dtJvJ -! { U FOR THE COMPLAINANT: Date: -~~_Z_~_ \_So_ _ ompliance Assurance and Enforcement Division 10 I Hendrick Medical Center l ! RCRA-06-2016-0943 i j FINAL ORDER Pursuant to the Consolidated Rules of Practice Governing the Administrntivc I Assessment of Civil Penalties, 40 C.F.R. Part 22, the fol'egoing CAFO is hereby ratified. I .! 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 Lo 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 penulty payment instructions as set fo1ih in the CAFO. Pursuant lo 40 C.F.R. 22.3l(b) this Final Order shall become effective upon filing with the Regional Hearing Clerk. Date: - g - /-2---2 . J / V> - -- ~ - ..-- Thomas Rucki Regional Judicial Officer 11 CERTIFICATE 01< SERVICE Hendrick Medical Center RCRA-06-2016-0943 . rvn~ ~~ h I hereby certify that on theafu_day of ,_,ep-ferfl e\' , 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 CAFO was sent to the following by the method below: CERTIFIED MAIL - RETURN RECEIPT REQUESTEn7ot4 0{50('.)Cl>DJLj!)U g'L-f_]t{ Ivan T. Lancaster Hendrick Medical Center 1900 Pine Abilene, TX 79601 Andrew Dick Hall, Render, Killian, Heath & Lyman, P.C. 500 N. Meridian Street Suite 400 Indianapolis, IN 46204-1293 ~Ms.-Lor~i Jacok ,n 661 Paralegal 12