Document YV46nawxO5G6838gmOondGBD

UNITED STATES FIL ED ENVIRONMENTAL PROTECTION AGENCY 20\ Gro1- 3 r REGION6 DALLAS, TEXAS ir : c:-9 IN THE MATTER OF: The Ritz-Carlton Hotel Company, L.L.C. New Orleans, LA LAR000036442 RESPONDENT EPA Docket No. RCRA-06-2016-0952 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 ("EPA" or "Complainant") and The RitzCarlton Hotel Company, L.L.C., as manager of The Ritz-Carlton, New Orleans ("Ritz-Carlton" or "Respondent") and concerns the facility located at 921 Canal St., New Orleans, LA 70112 (the "Facility"). 2. Notice of this action has been given to the State of Louisiana, 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, Respondent neither admits nor denies the specific factual allegations and conclusions of law contained in this CAFO. This CAPO states a claim upon which relief may . be granted. 4. 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. In the Matter of: The Ritz-Carlton Hotel Company, L.L.C. Docket No. RCRA-06-2016-0952 5. The CAFO resolves only those violations which are alleged herein. 6. 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 set out in this CAFO, and consents to the specific stated 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 C.F.R. 22. l 3(b) and 22. l S(b)(2) and (3). 8. Respondent agrees to undertake and complete all actions required by the tem1s 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. III. FINDINGS OF FACT AND CONCLUSIONS OF LAW A. Preliminary Allegations 9. Respondent is a Delaware Limited Liability Company authorized to do business under the laws ofthe State of Louisiana, which owns and operates the Facility located at 921 Canal St., New Orleans, Louisiana 70112. 10. Respondent is a "person" within the meaning of Section 1004(15) ofRCRA, 42 U.S.C. 6903(15); and Louisiana Administrative Code ("LAC") 33:V.109, [40 C.F.R. 260.10]. 2 In the Matter of: The Ritz-Carlton Hotel Company, L.L.C. Docket No. RCRA-06-2016-0952 11. Respondent's business at the Facility is a full service hotel with on-site dry cleaning operations. 12. During the period of March 28, 2016 through May 19, 2016, EPA conducted a RCRA investigation and records review ("Investigation") of Respondent's performance as a generator of hazardous waste. 13. During the Investigation, EPA discovered that Respondent, at a minimum, generated hazardous wastes, including chromium (D007) and spent halogenated solvents (F002) such as tetrachloroethylene (D039), trichloroethylene (D040), and 1,2 dichloroethylene (D029). 14. The waste streams identified in Paragraph 13 are "hazardous waste" as defined in in LAC 33:V.4901.A, 4901.B, and 4903.E, [40 C.F.R. 261.24, 261.30, and 261.31]. 15. From the Investigation, EPA detennined that during calendar years 2011 through 2014, Respondent generated, and offered for transport and treatment, the hazardous waste streams identified in Paragraph 13 in quantities that exceeded the threshold amount of 100 kg per calendar month for a conditionally exempt small quantity generator, which resulted in Respondent qualifying for the small quantity generator status under LAC 33 :V .109, 40 C.F.R. Pait 262, instead. 16. The Facility listed in Paragraph 9 above is a "facility" within the meaning of LAC 33:V.109 [40 C.F.R. 260.10]. 17. Respondent is a "generator" of "hazardous waste" as those terms are defined in Sections 1004(5) & (6) ofRCRA, 42 U.S.C. 6903(5) & (6), and LAC 33:V.109 [40 C.F.R. 260.10]. 18. As a generator of hazardous waste, Respondent is subject to Sections 3002 and 3010 of RCRA, 42 U.S.C. 6922 and 6930, and the regulations set forth at LAC 33:Part V [40 C.F.R Part 262]. 3 In the Matter of: The Ritz-Carlton Hotel Company, L.L.C. Docket No. RCRA-06-2016-0957.. B. Alleged Violations Claim i. Notification Requirements 19. The allegations in Paragraphs 1-18 are re-alleged and incorporated herein by reference. 20. Pursuant to Section 3010(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 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 the required notification has been given. 21. Respondent did not file with the Administrator or the authorized State a notification of its hazardous waste activities for at least the period of2011 through2014 in violation of Section 3010(a) ofRCRA, 42 U.S.C. 6930(a). Claim ii. Failure to Operate with Its Stated Generator Status 22. The allegations in Paragraphs 1-21 are re-alleged and incorporated herein by reference. 23. During the Investigation, EPA determined that Respondent declared its generator status as a conditionally exempt small quantity generator ("CESQG"). A generator is a CESQG ifit generates no more than 100 kg ofhazardous waste per month. LAC 33:V.108.A. 24. Pursuant to LAC 33:V.108.B [40 C.F.R. 261.5(b)], as long as a CESQG complies with the applicable requirements tmder LAC 33:V.108.F, 108.G, and 108.J [40 C.F.R. 261.5 (e), (f), (g) and (j)] the generator's hazardous waste is not subject to regulation under 4 In the Matter of: The Ritz-Carlton Hotel Company, L.L.C. Docket No. RCRA-06-2016-0952 LAC 33:V.Chapters 3-37, 41, 43, and 53, except for LAC 33:V.3105, Table 1 [40 C.F.R. Parts 262 through 268; 40 C.F.R. Parts 270 and 124]. 25. During the period of at least 2011 through 2014, Respondent on several occasions generated more than 100 kg but less than I000 kg of hazardous waste per month, and therefore, was subject to but did not comply with applicable regulations under LAC 33:V.Chapters 3-37, 41, 43, and 53, except for LAC 33:V.3105, Table I [40 C.F.R. Paii 262]. IV. COMPLIANCE ORDER 26. Pursuant to Section 3008(a) ofRCRA, 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 Order, Respondent shall provide in writing the following: A. Respondent shall certify that it has assessed all of its solid waste streams at the Facility to determine the accurate waste codes and has developed and implemented standard operating procedures ("SOPs") for those waste streams to ensure that Respondent is operating in compliance with RCRA and the regulations promulgated thereunder, including, but not limited to, procedures for: (a) making hazardous waste determinations; (b) managing hazardous wastes; (c) reporting, transporting, and disposing of hazardous waste; (d) preparing manifests; and (e) meeting the requirements of the land disposal requirements; B. Respondent shall certify that it has accurately and adequately complied with the notification requirements pursuant to RCRA 3010, 42 U.S.C. 6930; C. Respondent shall provide, with its ce1iification, a copy of Respondent's SOPs as described in subparagraph A above; and 5 In the Matter of: The Ritz-Carlton Hotel Company, L.L.C. Docket No. RCRA-06-2016-0952 D. Respondent shall provide a reasonable estimate of the funds expended to bring the facility into compliance with the ordering provisions hereof and an estimate of any reduction of waste (if any), if applicable, as a result of such compliance. 27. 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 Respondent and shall include the following certification: "I 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 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 infonnation 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 infonnation, 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. Environmental Protection Agency Compliance Assurance and Enforcement Division Waste Enforcement Branch Waste Compliance II Section (6EN-H2) 1445 Ross Avenue Dallas, TX 75202-2733 Attn: Debra Pandak v. TERMS OF SETTLEMENT A. Civil Penalty 28. 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 Conclusions of Law, which are hereby adopted and made a pmi hereof, upon the seriousness of the alleged violations, and Respondent's good faith effo1is to comply with the applicable 6 In the Matter of: The Ritz-Carlton Hotel Company, L.L.C. Docket No. RCRA-06-2016-0952 regulations, it is ordered that Respondent be assessed a civil penalty of Twenty-Two Thousand Six Hundred Sixty Dollars ($22,660.00). 29. The penalty shall be paid within thirty (30) calendar days of the effective date of this CAFO and made payable to the Treasurer, United States of America. 30. The following are Respondent's options for transmitting the penalties: Checks sent via U.S. Postal Service 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 Govemnient Lockbox 979077 US 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 Account1'!o.68010727 SWIFT address= FRNYUS33 33 Liberty Street New York, NY 10045 The case name and docket number (In the Matter of The Ritz-Carlton Hotel Company, L.L.C., Docket No. RCRA-06-2016-0952) shall be clearly documented on or within your chosen method of payment to ensure proper credit. 7 In the Matter of: The Ritz-Carlton Hotel Company, L.L.C. Docket No. RCRA-06-2016-0952 31. 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, Texas 75202-2733 Mark Potts, Chief Waste Enforcement Branch (6EN-H) Compliance Assurance and Enforcement Division U.S. EPA, Region 6 1445 Ross Avenue Dallas, Texas 75202-2733 Attention: Debra Pandak Your adherence to this request will ensure proper credit is given when penalties are received by EPA. 32. Pursuant to 31 U.S.C. 3717 and 40 C.P.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 ofprocessing and handling a delinquent claim. Interest on the civil penalty assessed in this CAPO will begin to accrue on the effective date of the CAPO 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.P.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.P.R. 13.1 l(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. 8