Document r81EBXbxnM866MdzNEYwvr87

UNITED STATES F I LED ENVIRONMENTAL PROTECTION AGENCYzOJB J" ~l 1 ?! {' REGION 6 ' ' ,_ ~ .. DALLAS, TEXAS I{E GIL . .' L t f:.P .\ f.- : .,JI IO: '"'I I '": "._ ~! ... I I TN THE MATTER OF: ECONOMY PLATING, LLC BALCH SPRINGS, TEXAS RESPONDENT CONSENT AGREEMENT AND FINAL ORDER Docket No. RCRA-06-2017-0934 CONSENT AGREEMENT The Director of Compliance Assurance and Enforcement Division of the United States Environmental Protection Agency Region 6 (EPA or Complainant) and Economy Plating, LLC (Respondent), hereby agree to resolve tllis matter tlu-ough the issuance of this Consent Agreement and Final Order (CAFO). I. PRELIMINARY STATEMENT 1. This CAFO is issued by EPA pLU'suant to Section 3008(a) of the Resource Conservation and Recovery Act (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 C.F.R. 22.13(b); 22.18(b)(2) and 22.1 8(b)(3); and 22.37. 2. Section 3008(a) ofRCRA, 42 U.S.C. 6928(a), provides that whenever on the basis of any information the Admi1listrator of the EPA determines that any person has violated or is in violation of any requirement of Subtitle C ofRCRA, 42 U.S.C. 6921-6939, the Adnlinistrator may issue an order assessing a civil penalty for any past or ctU-rent violation, requiring compliance immediately or within a specified time period, or both. The requirements of Economy Plating, LLC Docket No. RCRA-06-20 17-0934 Subtitle C include the requirements of the authorized program in a State which is authorized to cany out a hazardoLts waste program under Section 3006 ofRCRA, 42 U.S.C. 6926. 3. 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 CAFO, Respondent agrees not to contest the authority or jurisdiction of the EPA to issue or enforce this CAFO. 4. Notice of this action has been given to the State of Texas, tmder Section 3008(a)(2) of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6928(a)(2). 5. For the purposes of this proceeding, Respondent admits the jurisdictional allegations herein. However, Respondent neither admits nor denies the specific factual allegations and conclusions of law contained in this CAFO. 6. 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 that have been raised or could have been raised to the claims set fmth in the CAFO. 7. Respondent consents to the following: issuance of the CAFO hereinafter recited and to the specific stated compliance order. II. FINDINGS OF FACT AND CONCLUSIONS OF LAW 8. Respondent is a limited liability company registered to do business in the State of Texas on April23, 2016. 9. Respondent was formerly Economy Plating Incorporated before being sold on April23, 2016 and was registered to conduct business in the State of Texas on January 29, 1973. 10. Respondent is a "person" within the meaning of Section 1004(15) ofRCRA, 42 U.S.C. 6903(15), and30 TEX. ADMIN. CODE 3.2(25) (40 C.F.R. 260.10). 2 Economy Plaling, LLC Docket No. RCRA-06-2017-0934 11. Respondent is an "owner" or "operator" of the facility located at 11224 Limestone Drive in Balch Springs, Texas, 75180, within the meaning of30 TEX. ADMIN. CODE 335.1(109) and (110) (40 C.F.R. 260.10). 12. Respondent is a "generator" of"hazardous waste" at the facility, as the terms are defined in 30 TEX. ADMIN. CODE 335.1(65) (40 C.F.R. 260.10), and 30 TEX. ADMIN. CODE 335.1(69) (40 C.F.R. 260.10). 13. As a generator of hazardous waste, Respondent is subject to Sections 3002 and3010 of RCRA, 42 U.S.C. 6922 and 6930, and the regulations set fmth at 30 TEX. ADMIN. CODE 335, Subchapter (C) and/or (F) (40 C.F.R. Parts 262 and/or 270). 14. Between October 2015 and April 2017, EPA conducted an investigation and record review (Investigation) of Respondent's performance as a hazardous waste generator and compliance with RCRA and the regulations promulgated thereunder. 15. On March 30, 2016, EPA conducted an inspection (Inspection) at Respondent's facility to determine Respondent's perfommnce as a hazardous waste generator. 16. Respondent registered as a small quantity generator (SQG) in 1990 and, during all relevant times to this CAFO, Respondent remained registered as a SQG. 17. From the Inspection and Investigation, EPA determined Respondent in 2012 and2016 generated and/or offered for transp01t hazmdous waste with the hazardous waste characteristics for chromium (D007) and lead (D008). 18. The waste streams identified in Paragraph 17 are hazardous waste as defined in 30 TEX. ADMIN. CODE 335.1(69) (40 C.F.R. 261.3). 19. From the Inspection and Investigation, EPA determined that in 2012 and 2016, Respondent generated the hazardous waste streams identified in Paragraph 17 in quantities that 3 Economy Plating, LLC Docket No. RCRA-06-20 17-0934 exceeded the threshold amount of 1,000 kilograms of hazardous waste per month, which qualified Respondent for the large quantity generator (LQG) status under 30 TEX. ADMIN. CODE 335, Subchapter C (40 C.F.R. Part 262). 20. During the Inspection, Respondent failed to provide documentation that it made hazardous waste characterizations for the following waste streams: a) spent wastewater in its evaporation tank; b) spent paint stripping solution; c) spent wastewater in one of its tank labeled #3; d) spent copper sulfate; e) spent buIing solution; t) spent nickel plating filters; g) solids found in its copper cyanide tank; h) crystallized nickel sulfate; and i) sludge found within a tank. 21. During the Inspection, Respondent did not provide documentation of training records for employees who manage hazardous waste. 22. During the Inspection, Respondent did not provide documentation of a training program for employees who manage hazardous waste. 23. During the Inspection, Respondent did not provide documentation of a Contingency Plan. 24. During the Inspection, Respondent's Evaporation tank was not marked with the accumulation start elate or the words "Hazardous Waste." 25. During the Inspection, Respondent stored hazmclous waste in its evaporation tanks. 4 Economy Plating, LLC Docket No. RCRA-06-2017-0934 26. During the Inspection, Respondent's evaporation tank did not have adequate secondary containment. 27. During the Inspection, evidence of discharges from Respondent's building were observed at the air compressor, adjacent to the plating lines, m1d adjacent to the evaporation tank. 28. During the Inspection, Respondent did not provide documents indicating it performed the required inspections of hazardous waste storage areas. III. VIOLATIONS Claim 1: Notification Requirements 29. Pursuant to RCRA 3010(a), 42 U.S.C. 6930(a), m1y 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 hazmdous wastes handled by such person. This includes a subsequent notification for a change in the status of a generator. See also 30 TEX. ADMIN. CODE 335.6(c). 30. Respondent, while registered as a SQG during the relevant time periods covered by tllis Order, generated more than the threshold amount of 1,000 kg ofhazmdous waste per month for a SQG, thereby making it a LQG of hazardous waste. 31. Respondent, for the applicable years, did not file with the Administrator or with the State of Texas, a notification for a change in hazardous waste activities. 32. Respondent failed to file a subsequent notification of hazardous waste activities in violation of42 U.S.C. 6930(a). 5 Economy Plating, LLC Docket No. RCRA-06-20 I7-0934 Claim 2: Failure to Operate Within Proper Generator Status 33. A generator of hazardous waste is subject to multiple requirements, inclnding the applicable parts of30 TEX. ADMIN. CODE 335, Subchapters (C)-(H), (0) (40 C.P.R. Parts 124, 262-68, 270). 34. Respondent, while generating hazardous waste as a LQG, did not obtain a pennit pursuant to 40 C.f.R. Part 270, nor did it prepare an adequate contingency plan, coordinate emergency procedures, or provide adequate RCRA-specific training to its employees. 35. Respondent, while generating hazardous waste as a SQG, did not obtain a permit pursuant to 40 C.P.R. Part 270, nor did it prepare an adequate contingency plan; coordinate emergency procedures; or ensure that all employees who managed hazardous waste were thoroughly fami!im with proper waste handling and emergency procedures, relevm1t to their responsibilities during normal facility operations and emergencies. 36. Respondent, while generating hazm-dous waste as a SQG and LQG during the relevant time periods covered by this Order, failed to meet the requirements of its respective generator status in violation of the applicable parts of30 TEX. ADMIN. CODE 335, Subchapters (C)-(H), (0) (40 C.P.R. 262 and/or 270). Claim 3: Failure to Make Adequate Hazardous Waste Determinations 37. Pursuant to 30 TEX. ADMIN. CODE 335.62 (40 C.P.R. 262.11 (a)), a person who generates a solid waste must determine if that waste is hazardous. 38. Respondent failed to provide documentation that it properly characterized its hazardous waste for the following waste streams: a) spent wastewater in its evaporation tank; b) spent paint stripping solution; 6 Eco11omy Plat;ng, LLC Docket No. RCRA-06-20 17-0934 c) spent wastewater in one of its tanks labeled #3; d) spent copper sulfate; e) spent buffing solution; ) spent nickel plating !lters; g) solids found in its copper cyanide tank; h) crystallized nickel sulfate; and i) sludge found within a tank. 39. Respondent failed to make an adequate hazardous waste determination on its solid waste streams in violation of30 TEX. ADMIN. CODE 335.62 (40 C.F.R. 262.ll(a)). Claim 4: Storage Violation 40. Pursuant to 30 TEX. ADlvliN. CODE 335.69(b) (40 C.F.R. 262.34(b)), a LQG who accumulates hazardous waste for more than 90 days is an operator of a hazardous waste storage facility and is subject to the requirements of 30 TEX. ADMIN. CODE, Chapters 335 and Chapter 305, unless it has been granted an extension to the 90-clay period. 41. Respondent accumulated hazardous waste for more than 90 clays at its facility. 42. Respondent did not obtain a permit tmcler 30 TEX. ADMIN. CODE, Chapter 305 (40 C.F.R., Part 270) and/or an extension under 30 TEX. ADMIN. CODE 335.69(b) (40 C.F.R. 262.34(b)). 43. Respondent accumulated hazardous waste for more than 90 clays without complying with the necessary regulations found at 30 TEX. ADMIN. CODE, Chapters 305 and 335 (40 C.F.R. Parts 264, 265, 267, ancl270) in violation of30 TEX. ADMIN. CODE 335.69(b) (40 C.F.R. 262.34(b)). 7 Economy Plating, LLC Docket No. RCRA-06-2017-0934 Claim 5: Thermal Treatment without a Permit 44. 30 TEX. ADMIN. CODE 335.1(122) (40 C.P.R. 260.10) defines "processing" (treatment) as any method, teclmique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste, or so as to recover energy or material resources from the waste, or so as to render such waste non-hazardous, or less hazardous; safer to transport, store, or dispose of; or amenable for recovery, amenable for storage, or reduced in volume. See 30 TEX. ADMIN. CODE 335.112(b)(2). 45.30 TEx. ADMIN. CODE 335.1(149) (40 C.P.R. 260.10) defines "thermal treatment" as the processing of hazardous waste in a device which uses elevated temperatmes as the primary means to change the chemical, physical, or biological character or composition of the hazardous waste. 46. 30 TEX. ADMIN. CODE 335.2 (40 C.F.R. 270.1) prohibits the treatment, storage, or disposal of hazardous waste by any person who has not applied for or received a RCRA pennit for such facility or has qualified for interim status for such facility. 47. Owners and operators of ft\Cilities that thennally treat hazardous waste must meet the requirements found at 40 C.F.R. Pmt 265, Subpart P-Thermal Treatment, adopted by reference tlnough 30 TEX. ADMIN. CODE 335.112(a)(l5). 48. Respondent operated an evaporation tank connected to an on-site boiler. The heat from the boiler is used to evaporate the hazardous waste. 49. Respondent did not have a waste analysis plan. 50. Respondent did not conduct inspections on the process and associated equipment. 51. Respondent did not have proper secondary equipment surrounding the evaporation tank. 8 Economy Plating, LLC Docket No. RCRA-06-2017-0934 52. Respondent failed to obtain a hazardous waste treatment and storage facility permit for thennally treating hazardous waste, qualify for interim status, meet valid exemptions, or meet the requirements of 40 C.F.R. Part 265, Subpart P in violation of the applicable parts of 30 TEX. ADMIN. CODE 335.62 (40 C.F.R. 262.ll(a)). IV. COMPLIANCE ORDER 53. Pursuant to Section 3008(a) ofRCRA, 42 U.S.C. 6928(a), it is hereby ordered that Respondent, which has consented to the terms of this Order, shall, through the use of an independent third-party audit and the subsequent requirements elaborated in Paragraphs 56-75, comply with the general and specific obligations under Subtitle C ofRCRA, 42 U.S.C. 6921-6939e, and the applicable implementing regulations found at 40 C.F.R. Parts 260-270. 54. Respondent shall comply with the terms of this Order as expeditiously as practicable, but in no event longer than fifteen months atler the date the order was issued. 55. Failure to meet the terms of the Order identified below will be deemed a violation of the Order, subject to federal civil penalties and enforcement under 3008(c) of RCRA, 42 U.S.C. 6928(c). The terms include abiding by the timelines and ce1tification requirements. Failure to abide by the timelines and ce1tification will be deemed a violation of the Order. A. Third-l'arty Audit Terms and Timeline 56. Respondent agrees to the following: a) Within one-hundred and twenty (120) days of this Order becoming effective, Respondent will identify and retain a third-patty auditor or audit team to evaluate Respondent's compliance with Subtitle C ofRCRi\, 42 U.S.C. 6921-6939e, and the applicable implementing regulations found at 40 C.F.R. Parts 260-270. 9 Economy Plating, LLC Docket No. RCRA-06-20 17-0934 i) Within one-hundred and thhty-five (135) days of this Order becoming effective, Respondent shall submit a ce1tification attesting to the following: I certify, under penalty of law, that I identified and retained a thirdparty at1ditor or audit team to evaluate my compliance with the requirements of Subtitle C of RCRA, 42 U.S.C. 6921-6939e, and the applicable implementing regulations found at 40 C.F.R. Parts 260-270, for the tacility that forms the basis of the Order fmmd in Docket No. RCRA-06-2017-0934, and who meets the requirements of an independent auditor or audit team found at Section IV(B) found in that Order. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. ii) Within one-hundred and thirty-five (135) days of this Order becoming effective, the third-party auditor or certifying official of the audit team shall submit a certification attesting to the following: I certify, tmder penalty oflaw, that I have been retained by Economy Plating, LLC, to evaluate its compliance with the requirements of Subtitle C of RCRA, 42 U.S.C. 6921-6939e, and the applicable implementing regulations found at 40 C.P.R. Parts 260-270, at the tacility that fonns the basis of the Order found in Docket No. RCRA-06-2017-0934. I further ce1tify that I meet the requirements of an independent auditor or audit team found at Section IV(B) of that Order. I am aware that there arc significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. b) The results of all extemal audits will meet the requirements for auditor independence, audit results, and responses identified below. c) Violations, potential violations, and other areas of concern will be specifically identified in each audit report: i) This document does not include or in any way release violations of federal law identified as a result of these audits. EPA reserves the right, in its discretion, to 10 Economy Plating, LLC Docket No. RCRA-06-20 17-0934 pursue enforcement of any violations of federal law identified as a result of these audits, both intemal and external; and ii) the report will also identify observations or improvement actions that are not necessarily violations. d) Within two-hundred and forty (240) days of this Order becoming eIective, the Auditor or Audit team shall submit the Audit Repmt pursuant to the tenns found below at Section lV(D). i) Violations, potential violations, and other areas of concem, including the alleged violations that form the basis of this Order, will be specifically identified in each audit report: (1) This document does not include or in any way release violations of federal law identified as a result of these audits. EPA reserves the right, in its discretion, to pursue enforcement of any violations of federal law identified as a result of these audits, both internal and extemal; and (2) the report will also identify observations or improvement actions that are not necessarily violations. ii) The results of all external audits will meet the requirements for auditor independence, audit results, and responses identified below. e) Within three-hundred (300) days of this Order becoming effective, Respondent shall submit the Audit Report Response pursuant to the tenus found below at Section lV(D). t) Within fifteen months, Respondent shall submit a ce1tification attesting to the following: II Economy Plating, LLC Docket No. RCRA-06-2017-0934 I certify, under penalty oflaw, that I corrected the violations that forms the basis of the Order found in Docket No. RCRA-06-2017-0934, addressed the areas of concern in the Audit Report, implemented recommendations found in my Response Repmi, and certify that Economy Plating, LLC, is now in compliance with Subtitle C ofRCRA, 42 U.S.C. 6921-6939e, and the applicable implementing regulations found at 40 C.F.R. Parts 260-270. I am aware that there are significant penalties for submitting false infommtion, including the possibility of fines and imprisonment for knowing violations. g) All audits, audit reports, audit responses, and cetiifications of compliance with Subtitle C of RCRA, 42 U.S.C. 6921-6939e, and the applicable implementing regulations found at 40 C.F.R. Patis 260-270, shall be completed within fifteen months of the effective date of this Order. h) Audits conducted pursuant to this Order, whether internal or perfonned by third pmiies, and any associated documents will be provided to EPA for any purpose, including tom1ing the basis for an enforcement action. B. Third-Party Auditor and Audit Team 57. Each Audit shall have an audit leader (Auditor) who meets the requirements of independence outlined below. Different standards shall apply to audit team members. 58. Auditors shall be impmiial and independent in conducting all third-party audit activities. 59. Auditors shall receive no compensation or financial benefit from the outcome of the audit, apart from payment for auditing services. 60. Auditors shall be: a) knowledgeable of the requirements of Subtitle C ofRCRA, 42 U.S.C. 69216939e, and the applicable implementing regulations found at 40 C.F.R. Parts 260270, b) experienced with the hazardous waste generated and processes being audited, and 12 Economy Plating, LLC Docket No. RCRA-06-20 17-0934 c) trained or certified in proper auditing techniques. Auditors do not need to be registered Professional Engineers. The audit team does not require the participation of a Professional Engineer. 61. Respondent may not select an Auditor who has performed work for the Respondent within the last two years at the time of contract between the Auditor and Respondent. 62. For purposes of the preceding paragraph, the phrase "has perfonned work" shall not include being an auditor in an independent third-party audit that meets the requirements for independence as described in this docmnent. 63. Respondent may not hire, as either employees or contractors, Auditors, or audit team members, for a period of two years following the submission of the final audit report fiom the Auditor to the Respondent. 64. For purposes of the preceding paragraph, the tenn "hire, as either employees or contractors" shall not include being an auditor in an independent third-party audit that meets the requirements for independence as described in this document. 65. All Auditors, and audit team members, shall sign and date a conflict of interest statement verifying that they are eligible to perform the audit under the tenns of this agreement. 66. These requirements shall not apply to an organization that employs, or is owned by, an Auditor m1d in which m1 employee has perfonned work for the Respondent in the past two years where the organization ensures that such personnel do not participate in the audit, or manage or advise the audit team conceming the audit. 67. Retired employees who satisfy the requirements of independence may qualify as independent if their sole continuing finm1cial attachments to the owner or operator are employerfinanced or managed retirement and/or health plans. 13 Economy PlaNng, LLC Docket No. RCRA-06-20 17-0934 C. Third-Party Auditor Responsibilities 68. Respondent shall ensure that the third-patty auditor: a) manages the audit and participates in audit initiation, design, implementation, and reporting, b) evaluates the competency of audit team members, as applicable, to detem1ine appropriate roles and responsibilities for the audit. c) prepares the audit report and documents the full team's views and opinions in the final audit report, and d) certifies the t!nal audit repmt and its contents as meeting the requirements of this document. D. Audit Report and Response 69. Audit Report. Respondent shall ensure that the auditor prepares and submits an audit report that: a) Identifies the lead auditor or manager, participating individuals, atld any other key persons participating in the audit, including names, titles, atld summaries of qualifications; b) Documents the auditor's evaluation of each process audited to detennine whether procedures and practices developed by Respondent are adequate and being followed; c) Docmnents the findings of the audit, including any identified compliance or performance deficiencies. The auditor shall also ensure that photographs and video recordings will be made of each audit to enhance understanding of the audit reports and provide context to the audit results. These photographs and video recordings shall be incorporated and included in the audit repmts submitted; 14 Economy Plating, LLC Docket No. RCRA-06-20 17-0934 d) Includes a summary of Respondent's comments on, and identify any adjustments made by the auditor to, any draft audit report provided by the auditor to Respondent for review or comment; and e) Include the following certification, signed and dated by the auditor or supervising manager for the audit: I certify that this compliance audit repmi was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information upon which the audit is based. I further certify that the audit was conducted and this report was prepared pursuant to all applicable auditing, competency, independence, impartiality, and conflict of interest standards and protocols. Based on my personallmowledge and experience, the inquiry of personnel involved in the audit, the infonnation submitted herein is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. 70. The auditor shall submit the audit report, including all draft and final copies, to EPA and the Respondent at the same time. 71. The audit report and related records, including any documents reviewed, cited, or relied on by the audit team in undertaking the audit, shall not be privileged as attorney-client communications or attorney work products, even if written for or reviewed by legal staff. 72. Response Report. As soon as possible, but no later than 90 days after receiving the final audit report, Respondent shall determine an appropriate response to each of the findings in the audit repmt, and develop and provide to EPA a findings response report that includes: a) A copy of the final audit report; b) An appropriate response to each of the audit report findings; c) A schedule for promptly addressing deficiencies; and 15 Economy Plating, LLC Docket No. RCRA-06-20 17-0934 cl) A certification, signed and elated by Respondent's senior corporate officer or other oftlcial in an equivalent position, stating: I certify under penalty of law that the attached compliance audit report was receiVed, reviewed, and responded to under my direction or supervision by qualified personneL I fmther certify that appropriate responses to the findings have been identified and deficiencies were conected, or are being cotTected, as documented herein. Based on my personal knowledge and experience, or inquiry of personnel involved in evaluating the repmt findings and detennining appropriate responses to the findings, the infonnation submitted herein is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of tines and imprisonment for knowing violations. 73. Respondent shall implement the schedule to address deficiencies identified in the audit Endings response report. 74. Respondent shall document the actions taken to address each deficiency, along with the elate completed. If deficiencies are conected prior to the response repoti then they may be included in that document. If deficiencies are corrected after submittal of the response report, those actions should be identified under a separate letter, as they occur. 75. Respondent shall retain all copies of draft and final audit repo1ts, including associated documents, for a period of five years tl'om the date of the final audit repmt, and provide any audit reports or documents to EPA upon request. V. TERMSOFSETTLEMENT A. Penalty Provisions 76. Pursuant to the authority granted in Section3008 ofRCRA, 42 U.S.C. 6928, and upon consideration of the entire record herein, including the above referenced Findings of Fact mtd Conclusions of Law, which are hereby adopted and made a pmt hereof, upon the seriousness of the alleged violations, and Respondent's good faith efforts to comply with the applicable 16 Economy Plating, LLC Docket No. RCRA-06-2017-0934 regulations, it is ordered that Respondent be assessed a civil penalty of $14,400.00. This penalty was calculated following an analysis of Respondent's ability to pay. 77. The penalty shall be paid in thirty-six (36) monthly installments of$400.00, beginning within thirty (30) calendar days of the effective date of this CAFO and made payable to Treasurer, United States of America. For purposes of this CAFO, an installment will not be considered overdue, subject to interest and late payments found at Paragraph 81, if paid by the last day of the month in which that installment is due. 78. 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 shcmld 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. Ban1c Government Lockbox 979077 U.S. EPA Fines and Penalties I 005 Convention Plaza SL-MO-C2-GL St. Louis, MO 63101 314-418-1028 Wire Transfers should be remitted to: Federal Reserve Ban1' of New York ABA: 021030004 Account No. 68010727 SWIFT address= FRNYUS33 33 Liberty Street New York, NY 10045 17 Economy Plating, LLC Docket No. RCRA-06-2017-0934 79. The case name and docket number (In the Matter of Economy Plating, LLC, Docket No. RCRA-06-2017-0934) shall be docmnented on or within your chosen method of payment to ensure proper credit. 80. 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, Branch Chief Waste Enforcement Branch (6EN-H) Compliance Assurance and Enforcement Division U.S. EPA, Region 6 1445 Ross Avenue Dallas, TX 75202-2733 Attn: Tripti Thapa Your adherence to this request will ensure proper credit is given when penalties are received by EPA. 81. Pursuant to 31 U.S.C. 3717 ancl40 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 elate 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 elate and will be assessed at the rate of the United States Treasury tax and loan rate in accordance with 40 C.F.R. 13.1l(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 in accordance with 40 C.F.R. 13.11(b). EPA will also assess a $15.00 18 Economy Plating, LLC Docket No. RCRA-06-20 17-0934 administrative handling charge for administrative costs on unpaid penalties for the thhiy (30) clay period after the payment is clue and an additional $15.00 for each subsequent thhiy (30) day period the penalty remains unpaid. ln 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 pursuant to 40 C.F.R. 13.11 (b). Should a penalty charge on the debt be required, it shall accrue from the first clay payment is delinquent pursuant to 31 C.P.R. 90 1.9(cl). Other penalties for failure to make a payment may also apply. Vl. GENERAL PROVISIONS A. Notification 82. 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 Economy Plating, LLC, and shall include the following certification: 1 cetiify 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 infom1ation, including the possibility of fine and imprisonment for knowing violations. 83. Copies of all documents required by the CAPO shall be sent to the following: Tripti Thapa U.S. Environmental Protection Agency Waste Compliance I Section (6EN-Hl) 1445 Ross Avenue Dallas, Texas 75202-2733 19 Economy Plating, LLC Docket No. RCRA-06-2017-0934 84. EPA will send all written communications to the following representative for Respondent: Josh Bratz Economy Plating, LLC 11224 Limestone Drive Balch Springs, Texas 75180 85. All documents submitted to EPA in the course of implementing this Order shall be available to the public unless identified as confidential by Respondent pursuant to 40 C.F.R. Part 2, Subpart B and detennined by EPA to merit treatment as confidential business information in accordance with applicable law. H. Costs 86. Each party shall bear its own costs and attorney's fees. Furthem1orc, Respondent speciilcally waives its right to seek reimbursement of its costs and attorney's fees rmder 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 87. When Respondent believes that it has complied with all the requirements of this CAFO, including compliance with the Compliance Order, Respondent shall also certify this in writing and in accordance with the cettification language set fmth in Section IV (Compliance Order). Unless 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 cettification. D. Effective Date of Settlement 88. This CAFO shall become effective upon filing with the Regional Hearing Clerk. 20 I I Economy Plating, LLC Docket No. RCRA-06-20 17-0934 THE UNDERSIGNED PARTIES CONSENT TO THE ENTRY OF THIS CONSENT AGREEMENT AND FINAL ORDER: FOR THE RESPONDENT: Date: ------'~-/_Jt_,J__~o_J---=-o- c}5?- -s ~ Josh Bratz Economy Plating, LLC FOR THE COMPLAINANT: Date: 1('2-~ {J )( -7 , --~, ~~-------- Cheryl T. eager Director Compliance Assurance and Enforcement Division U.S. EPA Region 6 21 Economy Plating, LLC Docket No. RCRA-06-20 17-0934 FINAL ORDER Pmsmmt 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 injLmctive or other equitable relief or criminal sanctions for any violations of law. This Final Order shall resolve only those causes of action alleged in the Consent Agreement. This Final Order does not waive, extinguish or otherwise affect Respondent's 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 as set forth in the CAFO. Pursuant to 40 C.F.R. 22.31(b) tllis Final Order shall become effective upon !ling with the Regional Hearing Cleric Thomas Rucki Regional Judicial Officer 22 Economy Plating, LLC Docket No. RCRA-06-2017-0934 CERTIFICATE OF SERVICE I hereby certify that on th~day of~~nl.Jdl"' ~, 2018, 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 REQUESTED 1/){)5 /Ci[) 00[23 7 4 t:y3_;:v-q Josh Bratz Economy Plating, LLC 11224 Limestone Drive Balch Springs, Texas 75180 23