Document qam99z7Ry4KxmKmJjrpYqBXj5

U-i!TED STATES ENVIRONMENTAL PROTECTION AOENCY REGION6 DALLAS, TX 1.: IN THE MATTER OF: Eagle Analytical Services, Inc. 9940 W. Sam Houston Pbvy. S. Suite310 Houston, TX 77099 RESPONDENT ' ' Consent J\greeml.!nt and Final Order \ s LSEPA Docket No. RCRA-06-2015-0947 CONSENT AGREEMENT AND FINAL ORDER I. PRELIMINARY STATEMENT I. The Director, Compliance Assurance and Enforcement Division, United States Environmental Protection Agency, Rcgion6 ("EPA" or "Complainant"') and Eagle Analytical Services, Inc. (''Respondent") agree that settlement ofthis proceeding is in the public interest and that entry of this Consent Agreement and Final Order ("CAFO") without further litigation is the most appropriate means of settling this matter. Therefore, hcfore taking any testimony, without any adjudication of issues of law or fact herein, and upon consent and agreement of the parties, it is hereby ordered and adjudged as follows: 2. This CAFO is entered into by FPA and Respondent, and conL:erns the facility located at 9940 W. Sam Houston Pkwy S., Suite 310. Ilouston, Texas 77099 (the "Facility"). Rc: Eagle Analytical Service::;, tnc. RCRAAlG-2015-0947 3. Notice of this action has been given to the State ofTCX<IS, under Section 3008(a)(2) or the Resource Conservation and Recovery Act ("RCRA''). 42 U.S.C. 6928(a)(2). 4. For the purpose of these proceedings, Rt:spundcnt admits the jurisdictionul ullegations herein; however, Respondent neither admits nor denie:; the specific factual allegations and conclusions of law contained in this CAFO. This CAFO states a claim upon which relief may be granted. 5. The Respondent explicitly waives any right to contest the allegations and its right to appeal the final order contained in this CAFO, and Vi'aivcs all defenses which have been raised or could have been raised to the claims set forth in the CAFO. 6. 'J'he CAFO resolves all RCRA violations as alleged herein from 201 0 through the effective date of this CAFO. 7. Respondent consents to the issuance of the CAFO hereinafter recited, consents to th(; assessment and payment of the stated civil penalty in the amount and by the method set out in this CAFO, <md consents to the specific stated compliance order. ll. JURISDICTION 8. This CAFO is issued by the EPA pursuant to Section 3008(a) ofRCRA, 42 U.S. C.~ 692~, 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). 2 J{c: Eagle Analytical Services, Inc. RCRA-06-20 15-0947 9. 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 Ci\FO, Respondent agrees not lO contest the authority or jurisdiction of the EPi\ Lo issue or enforce this CAFO, and agrees not to contest the validity of this CAFO or its terms or conditions. lll. E!NlllNGS OF FACT AND CONCLlJSIONS OF LAW 10. Respondent is a corporation, authorized to do business in the State of Texas. ll. Respondent is a ''person" within the meaning of Section 1004(15) ofRCRA, 42 U.S.C. ~ 6903(15); 40 C.F.R. 260. I0; and 30 TEX.AD:V!IN.CClDE 3.2(25). 12. Respondent operates the Facility as a testing lab lOr microbes, chemicals, und pharmaceuticals. 13. In May 2014, EPA conducted site visits at Clean Harbors {formerly known as Safety Kleen) in LaPorte, Texas, a Treatment, Storage, and Disposal Facility (TSDF) and other TSDFs nnd pursuant to Section 3007 ofRCRi\, 42 U.S.C. 6927, obtained information on Respondent s hazardous wastes that it ofkrcd fOr transpot1 and treatment ("Responses''). 14. During the period of March 2015 through July 2015, EPA conducted a further RCRA investigation and record review (the ''Investigation") of Respondent's performance and operations as a generator of haz<~rdous waste at the Facility. 3 Re: Eagle Analytical Services, Inc. RCRA-06-20 15-0947 15. During the Investigation, EPA discovered that Respondent, at times, generated, treated, stored, and oHt:red for transport and treatment the following ha7.ardous waste, hom 20 I0 through the effective date of this CAFO (the "'Review Period"): 1. Ignitable and corrosive characteristic wastes with the hazardous waste codes, DOO I and D002, respectively; 11. Listed hazardous waste with the hazardous waste codes F003 (Spent non- halogenated solvents: Xylene, acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl isobutyl ketone, n-butyl alcohol, cyclohcxanone, and/or methanol; all spent solvent mixtures/blends containing, before usc, only the above spent nonhalogcnated solvents; and all spent solvent mixtures/blends containing, before use, one or more of the above nonha!ogenated solvents, and a total of ten percent or more (by volumt::) of one or more of those solvents listed in FOO 1, F002, F004, and F005; and/or still bottoms from the recovery of these spent solvents and spent solvent mixtures.) 16. The waste streams identified in Paragraph 15 arc "hazardous waste" as defined in 30 TEX.ADM1N.CODE 335.1 (69) and 40 C.F.R. 261.21, 261.22, 261.23, 261.24, 261.31, and 261.33. 17. From the Investigation and review of the Responses, EPA dc1cnnined that, at times during the Review Period, Respondent generated the hazardous waste streams idcnti !led in Paragraph 15 in quantities that cxt:ccJcd the threshold amount of 100 kg of hazardous waste per month, which qualified Respondent for small or large quantity generator status, under 30 TEX.J\DMIN.CODE, Chapter 335, Subchapter C and 40 C.F.R. Part 262, for the periods that such wastes remained onsitc. 4 Re: Eagle Analytical Services, lnc. RCRA-06-2015-0947 1S. Respondent is a "generator" of"hazardous waste" at the Faci!Jty, as those terms arc defined in Sections 1004(5) & (6) ofRCRA, 42 U.S.C. 6903(5) & (6), 40 C.F.R. 260.10, and 30 TEX ADM1NCODE 335.1(65) & (69). 19. The Facility is a "solid waste management facility" within the meaning of Section 1004(29) ofRCRA, 42 tJ.S.C. 6903(29); and a ''facility'' within the meaning of40 C.F.R. 260.10 and 30 TEX. ADMIN. CODE 335.1 (59). 20. As a generator of hazardous waste, Respondent is subject to Sections 3002 and 3010 or RCRA, 42 U.S.C. 6922 and 6930, and tbe regulations set fm1h in 40 C.F.R. Pm1262 and 30 TEX.AUM1N.CODE, Chapter 335, Subchapter C. Claim i. Notification Requirements 21. The allegations in Paragraphs I -20 are re-allegcd and incorporated herein by rcl'crcncc. 22. Pursuant to 30 TEX.ADM1N.COUE 335.7H(a) and (b), and 40 C.F.R. 261.5(a) and (b), a generator is a conditionally exempt small quantity generator ("CESQG'') in a calendar month if he generates no more than 100 kg of hazardous waste and complies with 30 TEX.ADMIN.CODE 335.78(fJ, (g), and U), and 40 C.F.R. 261.5 (f), (g), and (j). 2l The exemptions sctl(>rth at30 TEX.ADM1N.CODE 335.78(c) and 40 C.F.R. 261.5(c), arc not applicable to Respondent. 24. Pursuant to Section 3010(a) of RCRJ\, 42 U.S.C. 6930(a), any person generating a characteristic or listed hazardous waste shall file with the Administrator or authorized State a 5 Rc: Eagle Analytical Services, Inc. RCRA-06-2015-0947 notification stating the location and general description of such activity and the identified characteristic or listed hazardous wastes handled by such person. 25. Respondent did not file with the Administrator or the authorized State a subsequent notification of its hazardous waste activities during the Review period to reflect its generation ofhazmdous vvaste triggering the small or large quantity threshold in violation of Section 301 O(a) ofRCRA, 42 U.S.C. 6930(a). Claim ii. Managing Hazardous Waste without an EPA II) number 26. The allegations in Paragraphs 1-25 arc rc-allcged and incorporated herein by reference. 27. Pursuant to 30 TEX. ADMIN. CODE 335.63.40 CFR 262.12, a generator must not treat, store, dispose of, or offer for transportation hazardous waste without having received an EPA identification number. 28. During the Investigation and review of the Responses, EPA determined that the Respondent did not rl":ceive an EPi\ identification number. 29. During the Review Period, Respondent, at times, operated without an EPA identification number. 30. Respondent therefore treated, stored, disposed of, or olTered for transpotiation hazardous waste without having received an EPA identification number in violation of 30 TEX. ADMIN. CODE 335.63, and 40 CFR 262.12. Claim iii.lailurc to Operate within Its Stated Generator Status 31. The allegations in Paragraphs 1-30 are re-alleged and incorporatci.l herein by reference. 6 Rc: Eagle Analytical Services, Inc. RCRA-06-2015-0947 32. During the Investigation, EPA determined that, at times during the Review Penod, Respondent exceeded the conditionally exempt small quantity generator status, and, for lhl' months such Jm~:ardous waste remained onsite, operated as a small or large quantity generator ofhazardous waste in violation of one or more of the requirements for small or large quantity generators under 30 TEX.ADMIN.CODE, Chapter :ns, Subchapter C and 40 C.P.R. 262.34. IV. :n. Pursuant to Section 3008(a) ofRCRA, 42 U.S.C. 6928(a) and upon the effective date of this Order, Respondent is herehy ordered not to treat, store, dispose of", transport, or offer f(n transportation, hazardous waste without first obtJining an EPA identification number for its Facility. 34. 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 CAFO, Respondent shall provide in writing the following to the EPA: 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 "SOPs" to ensure that Respondent is operating in compliance with RCRA and the regulations promulgated thereunder, including, but not limited to, procedures li:Jr: (a) making hazardous waste detcrmiuations; (b) managing hazardous wa~tcs; 7 Re: Eagle Analytical Services, Inc. RCRA-06-2015-0947 (c) reporting, transporting, and disposing ofhazi1rdous waste; and (d) preparing the manifests; B. Respondent shall certify that it has accurately and adequately complied 'With its RCRA Section 3010 Notification. 35. In all instances in which this CAPO requires wriUen submission to EPA, the submittal made by Respondent shall he signed by an owner or officer of Eagle Analytical Services, Inc. and shall indudl! 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 qualiiied personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons dirlctly responsible for gathering the information, the information submitted is, to the best of my knowledge and helie1~ true, accurate, and complete. I am awme that there are significant penalties for submitting faLse information, including the possibility of11nc 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 Hazardous Waste Enforcement Branch Compliance Enforcement Section (6EN-HC) 1445 Ross Avenue Dallas, TX 75202-2733 Attn: Paul .Tames 8 Re: Eagle Analytical Services, Inc. RCRA-06-2015-0947 v. i. Penalty Provisions 36. Pursuant to the authority granted in Section 3008 of RCRJ\, 42 C.S.C. 6928, and upon consideration of the entire record herein, including the above referenced Findings of Fact and Conclusions ofLaw, which are hereby adopted and made a part hereof. upon the seriousness of the alleged violations, and Respondent's good faith ciJorls to comply with the applicable regulations, it is ordered that Respondent be assessed a civil penalty of one hundred thirty- three thousand Dollars (Sl33.000.00). 3 7. 'The penalty shall be paid within thirty (30) calendar days of the ctfcctivc date of this CAH.l and made payahle to the 'l'reasurer United States. 38. The iOllmving are Respondent's options fOr transmitting the penalties: Regular J'vtail, U.S. Postal Mail (including certified mail) or lJ.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 9 Re: Eagle Analytical Services, Inc. RCRA-06-2015-0947 Overnight Mail (non-U.S. Postal Service), the check should be remitted to: U.S. Bank Oovernmcnt Lockbox 979077 US EPA Fines and Penalties 1005 Convention Plaza SL-MO-C2-GL St. Louis, MO 63!01 314-418-1028 Wire Transfer: Federal Reserve Bank of New York ABA: 021030004 Account No. 68010727 SW1i' r address~ FRNYUS33 33 Liberty Street New York, NY 10045 The case name and docket number (In the Matter of Eagle Analytical Services, Inc.: Docket RCRA-06~2015-0947) shall be clearly documented on or within your chosen method of payment to ensure proper credit. 39. 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 Hoss Avenue Dalia<>, Texas 75202-2733 Mark Potts, Associate Director llazardous Waste Enforccnwnt Branch (6EN-H) Compliance Assurance and Enforcement Division U.S. EPA, Rcgion6 1445 Ross Avenue Dallas, Texas 75202-2733 Attention: Paul Jam0s 10 Re: Eagle Analytical Services, Inc. RCRA-06-2015-0947 Your adherence to this request will ensure proper credit is given \vhen penalties arc received by EPA. 40. Pursuant to 31 lJ.S.C. 3717 and 40 CF.R. 13.1 L 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 the civil penalty assessed in this CAFO will begin to accrue on the effective dale of the CAFO and will be recovered by EPA on any amount of the civil penalty that is not paid within forty-five (45) calendar days of the civil penalty's due date and will be asscss(.;c\ at the rate of the United States Treasury tax and loan rate in accordance with 40 C.F.R. 13 .II (a). Moreover, the cost'> 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. ~ l3.11 (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 which remains delinquent more than ninety (90) days. 40 C.F.R. 11.1 l(c). Should u penalty charge on the debt be required, it shall accrue from the first day payment is delinquent. 31 C.F.R. 901.9(d). Otlu:r penalties for failure to make a payment may also apply. II Rc: l~agle Analytical Services, Inc. RCRA-06-201 5-0947 ii. Cost 41. Each party shall bear its own costs and attorney's fees. Furthermore, Respondent specifically waives its right to seek reimbursement or 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.I,. 04-121 ), and any regulations promulgated pursuant to those Acts. iii. Termination and Satisfaction 42. When Respondent believes that it has complied \Vith all the requirements of this CAFO, including compliance with the Compliance Onk:r and payment of the civil penalty, Respondent shall so certify in VvTiting and in accordance with the certification language set fOrth in Section fV (Compliance Order), Paragraph 34. Cnless the EPA. Region 6 objects in writing \\-'ithin sixty (60) days ofEPA's receipt ofRespondenl's cc1iification, then this CAFO is terminated on the basis of Respondent's cetiification. iv Effective Bate of Sctth.ment 43. This CAFO shalJ become effective upon filing with the Regional Hearing Clerk. 12 Re: Eagle Anulyticul Services, Inc. RCRA-06-20 15-0947 TilE IJN])ERSIGNED PARTIES CONSENT TO THE ENTRY (W THIS CONSENT AGREEME"'T AND FINAL ORDim: FOR TilE RESPONDENT: Date It>\, '/5\\,1 ":> FOR THE COMPLAINANT: Date: J I -18_1_5 ohn Blevins Director Compliance Assurance and Enforcement Division 13 Rc: Eagle Analytical Services, Inc. RCRA-06-2015-0947 FINAL ORD_I;R Pursuant to the Consolidated Rules of Practice Governing the Administrative Assessment oJ' Civil Penalties, 40 CFR Par122, 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 lavv. This Final Order shall resolve only those causes of action alleged herein. 1\othing 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 ofthis action. The Respondent is ordered to comply with the terms of settlemcnt and the civil pcnalty payment instructions as set forth in the CAFO. Pursuant to 40 CFR 22.3 I(b) this Final Order shall become ef-fective upon filing with the Regional! fearing Clerk. ---? _, --? -_-._ -_-__-_:__~_v__'_Z_ f~--.-f. w/o--h.~/~--/---~---.- Thomas Rucki Regional Judicial Officer 14 R~: Eagle Analytical Services, Inc. RCRA-06-2015-0947 CERTIFICATI( OF SICRVICE n;rl ,, .. I hereby certify that on thee:?~:_ day of .)L:f.!2.::, _, 2015, the origin2:1l of the foregoing Consent Agreement and Final Order was hand delivered to the Regional H~aring Clerk, U.S. EPA- Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, and that a true and wrrcet copy of the CAFO was sent to the following by the method identified below: CERTIFIED MAIL- RITURN RECEII'T REQUESTED '/[)/ i/ i)\ 1)(\{j)[/\21{1)1/ (/j fL/ Kelly D. Brown Crain, Caton & James, P.C. 1401 M~Kinncy Street, Suite 1700 I louston, TX 770 I0 JVrs. Paralegal du:xxJ 15