Document o6qmojO5Rby36V3Jov4GVJmg

DOCKET NO. RCRA-06-2020-0932 FILED August 3, 2020 4:20 PM U.S. EPA Region VI, Regional Hearing Clerk UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 DALLAS, TX IN THE MATTER OF: Golden Plating LLP RESPONDENT Consent Agreement and Final Order USEPA Docket No. RCRA-06-2020-0932 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 Respondent, Golden Plating LLP ("Respondent" or Golden Plating) and concerns the facility located at 929 E. Walnut Street Garland, TX 75040 ("the Golden Plating" Facility). 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 this CAFO, 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 CAFO states a claim upon which relief may be granted. 4. The Respondent 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 in the CAFO. 5. The CAFO resolves only those violations which are alleged herein. Golden Plating LLP RCRA-06-2020-0932 6. Respondent consents to the issuance of this CAFO as the most appropriate means of settling EPA's allegations without any adjudication of issues of law or fact, consents to the assessment and payment of the civil penalty in the amount and by the method set out in this CAFO, and consents to the compliance order in this CAFO. II. JURISDICTION 7. This CAFO is issued by EPA pursuant to Section 3008(a) of RCRA, 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 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 EPA or the United States to enforce the terms of this CAFO, Respondent agrees not to contest the authority or jurisdiction of 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 an Electroplating, Plating, and Polishing company authorized to do business in the State of Texas. 10. Respondent is a "person" within the meaning of Section 1004(15) of RCRA, 42 U.S.C. 6903(15), and 30 TEX.ADMIN. CODE 3.2(25)1, [40 C.F.R. 260.10]. 1 1 On December 26, 1984, the State of Texas received final authorization for its base Hazardous Waste Management Program (49 FR 48300). Subsequent revisions have been made to the Texas Hazardous Waste Program and authorized by the EPA. Except as otherwise provided, all citations found within this order are to the "EPA-Approved Texas Statutory and Regulatory Requirements Applicable to the Hazardous Waste Management Program" dated December 2015, incorporated by reference under 40 C.F.R. 272.2201(c)(1)(i) effective on April 10, 2020. 85 Fed. Reg. 20190 (April 10, 2020); 40 C.F.R. 272.2201: Texas State-Administered Program: Final Authorization. References and citations to the "EPA-Approved Texas Statutory and Regulatory Requirements Applicable to the Hazardous Waste Management Program" may vary slightly from the State of Texas' published version. The corresponding C.F.R. citations are also provided. 2 Golden Plating LLP RCRA-06-2020-0932 11. Respondent owns or operates the Golden Plating Facility. 12. The Golden Plating Facility is an Electroplating, Plating, and Polishing company. 13. During the period from 2017 through 2019, EPA conducted a RCRA record review of the Golden Plating Facility's activities as a generator of hazardous waste including a review of the information voluntarily provided to EPA by Respondent (the "Investigation"). 14. During the Investigation, EPA discovered that Respondent, at a minimum, generated and offered for transport and treatment, hazardous waste having the: A. Characteristic of: D002 (Corrosivity); and B. F006 (Wastewater treatment sludge from electroplating operations) 15. The Golden Plating Facility is a "facility" within the meaning of 30 TEX.ADMIN. CODE 335.1(60), [40 C.F.R. 260.10]. 16. The waste streams identified in Paragraph 14 are "hazardous waste" as defined in 30 TEX.ADMIN. CODE 335.1 (70), [40 C.F.R. 261.21, 261.22, 261.24, and 261.33]. 17. From the Investigation, EPA determined that Respondent generated the hazardous waste streams identified in Paragraph 14 in quantities that exceeded the threshold amount of 1,000 kg and corresponding generator status of a small quantity generator under 30 TEX.ADMIN.CODE, Chapter 335, Subchapter C, [40 C.F.R. Part 262], for the periods that such wastes remained onsite. 18. Respondent is a "generator" of "hazardous waste" as those terms are defined in 30 TEX ADMIN.CODE 335.1(66) & (70), [40 C.F.R. 260.10]. 19. 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 in 30 TEX.ADMIN. CODE Chapter 335, Subchapter C, [40 C.F.R Part 262]. 3 Golden Plating LLP RCRA-06-2020-0932 Claims i. Notification Requirements 20. The allegations in Paragraphs 1-19 are re-alleged and incorporated herein by reference. 21. Pursuant to Section 3010(a) of RCRA, 42 U.S.C. 6930(a), any person generating a characteristic or listed hazardous waste shall file with EPA or the authorized state a notification stating the location and general description of such activity and the identified characteristic or listed hazardous waste handled by such person. No identified characteristic 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 3010(a) of RCRA, 42 U.S.C. 6930(a). 22. Respondent did not file with EPA or Texas an adequate and timely notification of its hazardous waste activities at the Golden Plating facility during the period 2017 through 2019 dates in violation of Section 3010(a) of RCRA, 42 U.S.C. 6930(a). Claims ii. Failure to Operate within Its Stated Generator Status 23. The allegations in Paragraphs 1-19 are realleged and incorporated herein by reference. 24. During the Investigation, EPA determined that the Golden Plating Facility declared its generator status as a small quantity generator. 25. Pursuant to 30 TEX.ADMIN.CODE 335.78(b), [40 C.F.R. 261.5(b)], as long as a CESQG complies with the applicable requirement under 30 TEX.ADMIN.CODE 335.78(e), (f), (g) and (j) and 40 C.F.R. 261.5 (e), (f), (g) and (j), the generator's hazardous waste is not subject to regulation under 30 TEX.ADMIN.CODE, Chapter 335, Subchapters C-H and O; 40 C.F.R. Parts 262 through 268; 40 C.F.R. Parts 270 and 124; and the requirements of Section 3010 of RCRA, 42 U.S.C. 6930. 4 Golden Plating LLP RCRA-06-2020-0932 26. During portions of the period 2017 through 2019, the Golden Plating Facility exceeded their declared SQG status and operated in some instances as a large quantity generator correct generator status in violation of one or more of the requirements for small and large quantity generators under 30 TEX.ADMIN.CODE, Chapter 335, Subchapter C, [40 C.F.R. 262.34]. IV. COMPLIANCE ORDER 27. Pursuant to Section 3008(a) of RCRA, 42 U.S.C. 6928(a), Respondent is hereby ordered to take the following actions, and within 30 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 at the Golden Plating Facility to determine the accurate waste codes and has developed and implemented standard operating procedures ("SOPs") to ensure that Respondent is operating the Golden Plating Facility 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 its manifests; and (e) meeting the requirements of the land disposal requirements; B. Respondent shall certify that it has accurately and adequately complied with its RCRA Section 3010 notification for the Golden Plating Facility 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. D. Respondent shall certify the cost of implementation of injunctive relief. E. Respondent shall certify the environmental benefit (reduction of waste or reduction in the toxicity of waste). 5 Golden Plating LLP RCRA-06-2020-0932 28. 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 the Respondent 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 knowing violations." Copies of all documents required by this CAFO shall be sent to the following: U.S. EPA, Region 6 1201 Elm Street, Suite 500 Enforcement and Compliance Assurance Division (ECDSR) ATTN: Adolphus Talton Dallas, Texas 75270-2102 Where required, notice shall be sent electronically by email or facsimile to Enforcement Officer Adolphus Talton, respectively at talton.adolphus@epa.gov or at 214-665-6651. V. TERMS OF SETTLEMENT A. Penalty Provisions 29. Complainant reviewed the authority granted in Section 3008 of RCRA, 42 U.S.C. 6928, considered the entire record, including the above referenced Findings of Fact and Conclusions of Law, and took statutory factors relating to penalty, including the seriousness of the alleged violations, and Respondent's good faith efforts to comply with the applicable regulations, into account when determining an appropriate penalty. During penalty discussions between Complainant and the Respondent, the Respondent alerted Complainant that it would have issues paying the proposed penalty (i.e. ability to pay). Respondent supplied appropriate financial information for complainant's review. After reviewing the submitted financial information the parties agreed that $1000 was an appropriate amount to 6 Golden Plating LLP RCRA-06-2020-0932 resolve the alleged violation along with the costs associated with return to compliance listed in Section IV. 30. 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. 31. 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, Missouri 63197-9000 Overnight Mail (non-U.S. Postal Service), the check 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, Missouri 63101 314-418-1028 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 Matter of Golden Plating LLP, Docket No. RCRA06-2020-0932 shall be clearly documented on or within the chosen method of payment to ensure proper credit. 32. The Respondent shall send a simultaneous notice of such payment to the following: U.S. EPA, Region 6 1201 Elm Street, Suite 500 Enforcement and Compliance Assurance Division (ECDSR) 7 Golden Plating LLP RCRA-06-2020-0932 ATTN: Adolphus Talton Dallas, Texas 75270-2102 Respondent's adherence to this request will ensure proper credit is given when penalties are received by EPA. 33. 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 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. 13.11(a). 34. 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. 13.11(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 (6%) 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.31 C.F.R. 901.9(d). Other penalties for failure to make a payment may also apply. B. Costs 35. 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 8 Golden Plating LLP RCRA-06-2020-0932 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 36. 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 38. Unless the EPA, Region 6 objects in writing within sixty (60) days of EPA's receipt of Respondent's certification, then this CAFO is terminated on the basis of Respondent's certification. D. Effective Date of Settlement 37. This CAFO shall become effective upon filing with the Regional Hearing Clerk. 9 Digitally signed by CHERYL SEAGER DN: c=US, o=U.S. Government, ou=Environmental Protection Agency, cn=CHERYL SEAGER, 0.9.2342.19200300.100.1.1=68001003651793 Date: 2020.07.28 11:03:50 -05'00' Golden Plating LLP RCRA-06-2020-0932 FINAL ORDER 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.F.R. 22.31(b) this Final Order shall become effective upon filing with the Regional Hearing Clerk. 8/3/2020 Date: ___________________ Rucki, Digitally signed by Rucki, Thomas DN: cn=Rucki, Thomas, Thomas email=Rucki.Thomas@epa.gov Date: 2020.08.03 11:22:21 -05'00' __________________________________________ Thomas Rucki Regional Judicial Officer 11 Golden Plating LLP RCRA-06-2020-0932 CERTIFICATE OF SERVICE I certify that that a true and correct copy of the foregoing Consent Agreement and Final Order was delivered to the Regional Hearing Clerk, U.S. EPA, Region 6, 1201 Elm Street, Dallas, Texas 75270-2102, and that a true and correct copy was sent this day in the following manner to the addressees: Copy via Email to Complainant: Matt Trawick Trawick.matthew@epa.gov Copy via Email to Respondent: Jim Conner Tcstexas1@gmail.com ____________________________ MATTHEW TRAWICK Digitally signed by MATTHEW TRAWICK DN: c=US, o=U.S. Government, ou=Environmental Protection Agency, cn=MATTHEW TRAWICK, 0.9.2342.19200300.100.1.1=68001003655827 Date: 2020.08.04 11:48:29 -05'00' U.S. EPA Region 6, Dallas, TX 12