Document x3nxwopo2Z46mZD1nxk8JNag

FILED UNITED STATES 201 s~o1 -3 1n: rg ENVIRONMENTAL PROTECTION AGENCY .._ REGION 6 l1'1\ ~l>!Cr. VI DALLAS, TEXAS IN THE MATIER OF: HOUSTON PLATING AND COATINGS, LLC WILMINGTON, DELAWARE RESPONDENT CONSENT AGREEMENT AND FINAL ORDER Docket No. RCRA-06-2016-0947 CONSENT AGREEMENT AND FINAL ORDER I. PRELIMINARY STATEMENT 1. This Consent Agreement and Final Order (CAFO) is entered into by the United States Environmental Pl'otection Agency Region 6 (EPA or Complaimmt) and Houston Plating and Coatings, LLC (Respondent), and concems the facility located at 6325 Cameron, Scott, Louisiana. (Scott facility). . 2. Notice of this action has been given to the State of LOL1isia11a, under Section 3008(a)(2) of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6928(a)(2). 3. For purposes of this CAFO, the relevant Louisiuna Administrative Code, Title 252, Chapter 205, Sections 252:205-3-2 has incorporated by refel'ence 40 C.F.R. Pa1ts 260, 262, 265, and 270. 4. For the purpose of these proceedings, Respondent admits the jurisdictional allegations herein. However, Respondent neither admits nor denies the specific factual allegations and conclusions oflaw contained in this CAFO. This CAFO states a claim upon which relief may be granted. Houston Plating and Coatings, LLC RCRA"06-2016-094 7 5. 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 eaised or could have been raised to the claims set forth in the CAFO. 6. This CAFO resolves only those violations that are alleged herein. 7. Respondent consents to the following: issuance of the CAFO hereinafter recited; the assessment and payment ofthe stated civil peual,ty in the amount and by the method set out in this CAFO; and to the specific stated ccimpllance order. II. JURISDICTION 8. This CAFO is issued by EPA pursuant to Section 3008(a) ofRCRA, 42 U.S.C. 6928(a), tis 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. l 8(b)(2), and 22.l 8(b)(3). 9. Respondent agrees to unde1take 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 CAPO, Respondent agrees not to contest the authority or jurisdiction of the EPA to issue 01 enforce this CAFO. Fmthe1111ore, Respondent agrees not to contest the validity of this CAFO, or its terms' or conditions. Ill. FINDINGS OF FACT AND CONCLUSIONS OF LAW 10. Respondent is a Delaware limited liability company registered to do business in the State of Louisiana on August 1, 2011. 11. Respondent's registered agent in Louisiana is Capitol Corporate Services, Inc., located at 8550 United Plaza Btdlding II, Suite 305, Baton Rouge, Louisiana. 2 Houston Plating and Coatings, LLC RCRA-06-2016-0947 12. Respondent is a "person" within the meaning of Section 1004(15) of RCRA, 42 U.S.C. 6903(15), (40 C.F.R. 260.1 O); and within the meaning of LA. ADMIN. CODE 33:V.!09 (40 C.F.R. 260, 10). 13, Responclent is an "ownel'" or "operutol'" of the Scott facility within the meaning of LA, ADMIN. CODE 33:V.109 (40 C.F.R. 260.10). 14. Respondent is a "generator" of "hazardous waste" at the Scott facility, as the terms are defined in LA. ADMlN. CODE 33:V.109 (40 C.F.R. 260.10). 15. As a generator of hazardous waste, Respondent is subject to Sections 3002 mid 3010 of RCRA, 42 U.S.C. 6922 and 6930, and the regulations set fo1th at 42 V.S.C. 6922 and 6930, and the regulations set forth at LA. ADMIN. CODE 33:V.Clmpters 1through51 (40 C.F.R. 262 and/or 270). 16. Between October 2015 and June 2016, EPA conducted an investigation and record review (Investigation) of Respondent's performance as a hazardous waste generator and compliance with RCRA and the regulations promulgatyd thereunder. I " ,' , , I(. From thy I~vestigation, EPA determined that from 2013 to the effective date of the CAFO, Respondent's Scott facility, while operating as a forge quantity generntor (LQG), did not meet the requfrements of a LQG pursuant to the applicable paits of LA. ADMIN. CODE 33:V.Clrnpters 1 thrnugh 51 (40 C.F.R. Parts 124, 262-68, 270). Scott Facility Claim 1: Failure to Operate Within Proper Gencrntor Status 18. Complainant hereby restates and incorporates by reference Paragraphs l through 17. 19. A generator of hazardous wnste is subject to certain requirements, including the applicable parts of LA, ADMIN, CODE 33:V.Cliapters 1through51 (40 C.F.R. Parts 124, 262-68, 270). . 3 Houston Plating and Coatings, LLC RCRA-06-2016-0947 20. From the Investigation, EPA determined that while operating as a LQG during the relevunt years, Respondent foiled to comply with various sections of the applicable LQO reqtiirements. 21. Based on the obligations set forth above, EPA concluded Respondent did not operate within its designated status from 2013 to the efoctive date of the CAFO in violation of LA. ADMIN. CODE 33:V.Chapters 1through51 (40 C.F.R. 262 and/or 270). IV. COMPLIANCE ORDER 22. Pursuant to RCRA 3008(a), 42 U.S.C. 6928(a), Respondent is hereby ordered to take the following actions, ai1cl within ninety (90) calendar clays of the effective date of this CAFO, Respondent shall certify the following: a. Respondent is no longer a generator of hazardous waste at the Scott facility, or, b. Respondent has developed and implemented standard opernting procedures to ensure that it is operating in compliance with RCRA and the regulations pronrnlgated thereunder. This includes, but is not limited to, procedures for: i. making hazardous waste determinations; ii. training personnel involved in managing, reporting, transporting, and disposing ofhazard0l1s waste; iii. preparing lrnzurclous waste manifests; and iv. meeting the requirements of the land disposal restrictions. 23. 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 ofHouston Plating and Coatings, LLC, and shall include the following certification: I certify under the penalty of law that this document and all its attachments were prepared by me 01 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 4 Houston Plating and Coatings, LLC RCRA-06-20 l 6-0947 the system, or those persons directly responsible for gathering the infonnation, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I run aware that there rue significant penalties for sL1bmitting false information, including the possibility of fine and imprisonment for knowing violations. Copies of all documents required by the CAFO shall be sent to the following: Ashley Pederson U.S. Environmental Protection Agency Compliance Assurance and Enforcement Division Waste Enforcement Brnnch Waste Compliance Ill Section (6EN-H3) 1445 Ross Avenue Dallas, Texas 75202-2733 V. TERMS OF SETTLEMENT A. Pennlty Provisions 24. Pursuant to the authority granted in Section 3008 of RCRA, 42 U.S.C. 6928, and upon consideration of the entire record herein, including the above referenced Findings of Fact and Conclusions of L~w, which are hereby adopted and made a part hereof, upon the seriousness of the alleged violations, and Respondent's good foith efforts to comply with the applicable regulations, it is ordered that Respondent be assessed a civil penalty of $22,700.00. This penalty is calculated concunently and in conjunction with the Consent Agreement and Final Order for the matter of Houston Plating and Coatings, LLC: Docket No. RCRA-06-2016-0946. 25. The penalty shall be paid in twenty-four (24) monthly installments of $945 .83, beginning within thirty (30) calendar days of the effective date of this CAFO and made payable to Treasurer, United States of America, For pu11ioses of this CAFO, an installment will not be considered overdi1e, subject to interest and late payments found at Paragraph 28, ifpaid by the last day of the month in which that installment is due. 5 Houston Plating and Coatings, LLC RCRA-06-2016-0947 26. 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 Ovemight Mail (non-U.S. Postal Service) should be remitted to: U.S. Dank 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 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 Houston Plating rmd Coatings, LLC, Docket No. RCRA-06-2016-0947) shall be documented on or within your chosen method of payment to ensure proper credit, 27. The Respondent shall send a simultaneous notice of such payment to the following: Lorena S, Vaughn R~gional Hearing Clerk (6RC-D) U.S. EPA, Region 6 1445 Ross Avenue Dallas, TX 75202-2733 6 Houston Plating and Coatings, LLC RCRA -06-2016-094 7 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 b)' EPA. 28. 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 CAPO will begin to accrue on the effective elate 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 overch1e 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 administrative handling charge for administrative costs on unpaid penalties for the thirty (30) day period after the payment is dne and an additional $15.00 for each subsequent thirty (30) day period the penalty renrnins 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) da)'s p11rsuant to 40 C.F.R. 13. l l(b). Should n penalty charge on the debt be required, it shall accrue from the first day payment is delinquent pursuant to 31 C.F.R. 901.9(d), Other pem1lties for failure to make a payment ma)' also apply. 7 B. Costs Houston Plating and Coatings, LLC RCRA-06-2016-0947 29, Each party shall bear its own costs and attomey' s fees. Furthe1111ore, Respondent specifically waives its right to seek reimbursement of its costs and attorney's fees undel' the Equal Access to Justice Act (S 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 30. When Respondent believes that it has complied with nil the requirements of this CAPO, including compliance with the Compliance Order and payment of the civil penalty, Respondent shall also certify this in writing and in accol'dance with the certification language set forth in Section IV (Compliance Order), Paragraph 22. 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 certification. D. Effective Date of Settlement . 31. This CAFO shall become effective upon filing with the Regional Hearing Cleric 8 Houston Plating and Coatings, LLC RCRA-06-2016-094 7 THE UNDERSIGNEI) PARTIES CONSENT TO THE ENTRY OF THIS CONSENT AGREEMENT AND FINAL ORDER: FOR THE RESPONDENT: Date: / ~/2-<=>1 ? Houston Plating and Coatings, LLC FOR THE COMPLAINANT: Date: _\_ ii--_\ ... _ \, i __ __ - Stephen A. Gilrein, P.E. Acting Director Compliance Assurance and Enforcement Division 9 FINAL ORDER Houston Ph1ting and Coatings, LLC RCRA-06~20 16-094 7 Pursuant to the Consolidated Rules of Practice Oovcining the Administrative Assessment of Civil Penalties, 40 C.F.R. Pnrt 22, the foregoing CAFO is hereby ratified. This Final Order shnll not in nny case affect the right of EPA or the United States to pursue appropriate injunctive or other equitable relief, or criminal sanctions for uny violations of law. This Final Order shall resolve only those causes of act.ion alleged hel'ein. Nothing in this Final Order shall be construed to waive, extinguish, or otherwise affect Responclenes (or its officers, agents, servunts, employees, successors, 01 assigns) obligation to comply with all applicable federa l, 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 ~Uld the civil penalty payment instructions as set forth in the CAPO. Pursuant to 40 C.F.R. 22.31 (b) this Final Order shall become effective upon filing with the Regional Hearing Clerk. Rene!\ Ryhmcl Regional Judicic-11 Officer 10 Houston Plating and Coatings, LLC RCRA06-2016-0947 CERTIFICATE OF SERVICE I hereby certify that on the ?fc~ay of~[_, 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 trne and correct copy of the CAFO was sent to the following by the method below: CERTIFIED MAIL- RETURN RECEIPT REQUESTED '700{ Q?/d)(){f)3 fo{pl!l_q<."{/t;( Ashley Prieto, Of Counsel Porter Hedges LLP on Behalf of Houston Plating and Coatings, LLC 1000 Main Street, 36111 Floor Houston, Texas 77002 11