Transcript SETTLEMENT GUIDELINES FOR CIVIL AND ADMINISTRATIVE …

Florida Department of
Environmental Protection
What to Expect
from a
Hazardous Waste Inspection
Central District
Debby Valin, Environmental Consultant
October 28, 2011
October 28, 2011 | 1
Agenda
•
•
•
•
•
•
•
•
•
•
Generator Basics
Nature of Inspections
Inspection Components
The Regulatory Process
Compliance
Non-Compliance
Role of EPA
Disclaimer
Contacts
Quiz
October 28, 2011 | 2
Generator Classes
Based on generation rate in any given month:
• CESQG – less than 220 pounds /25 gallons
• SQG
– 220 and 2,200 pounds / 25-250 gallons
• LQG
–greater than 2,200 pounds / 250 gallons
<½ of a 55-G Drum
> 4, 55-G Drums
October 28, 2011 | 3
Requirements for ALL Generators
• Perform waste determinations
• Ensure and document proper disposal
• Keep records for at least 3 years
October 28, 2011 | 4
What do Hazardous Waste Inspectors
Look at or for:
• Process and procedures
• Chemicals and wastes
October 28, 2011 | 5
Waste Determination
• Failure to perform hazardous waste
determination and/or
• Failure to perform a proper waste
determination
October 28, 2011 | 6
Notification of HW Activity
• Failure to notify/obtain an EPA ID
number
• Failure to use the correct EPA ID number
October 28, 2011 | 7
Labeling
• Failure to label containers with the words
“Hazardous Waste”
• Failure to label satellite accumulation
containers with a description of the
contents
• Failure to label each container according to
DOT regulations, prior to shipment
October 28, 2011 | 8
Accumulation
• Storing beyond the 180 (SQG) or 90-day
(LQG) limit
• Not marking containers with accumulation
start dates
• Accumulation quantities over the limit on
site
October 28, 2011 | 9
Container Management
• Drums or containers that are open, rusting
or bulging
• Failure to conduct and document weekly
inspections of all accumulating containers
• Storing ignitable waste within
50 feet of property line
• Failure to maintain aisle
space between containers
October 28, 2011 | 10
Record Keeping
• Failure to maintain uniform manifests or
contractual agreements for 3 years
• Failure to retain records of test results,
waste analyses, or waste profiles
Hazardous
Waste
Records
Waste Manifests
Test Results
October 28, 2011 | 11
Personnel Training
• Failure to conduct training
• Inadequate training to cover all areas of
HW management
• Inadequate training to cover job
responsibilities
October 28, 2011 | 12
Preparedness and Prevention
• No arrangements with local authorities
• Arrangements not documented when
made
• Failure to have the proper equipment or
posted information
• Failure to maintain and operate facility to
minimize unplanned or sudden release
October 28, 2011 | 13
Contingency Plan and Emergency Procedures
• Failure to have a modified/full
Contingency Plan
• Incomplete or outdated contact
information
• Incomplete incident reporting
• Failure to report emergency incident
(assuming release to the environment)
• Failure of SQG to post information by
telephone
October 28, 2011 | 14
Land Disposal Restrictions
• Florida has no hazardous waste landfills
• All hazardous waste is prohibited from
land disposal in our state
• Land disposal records must be retained
with uniform manifests
• Certification that wastes meet standards, or
• Notification that waste do not meet standards
for land disposal in a haz waste landfill
October 28, 2011 | 15
The Process
• In-Compliance
• Out-of-Compliance
October 28, 2011 | 16
Compliance
• In-Compliance
• Inspection Report
• Pictures
• Letter acknowledging compliant status with
Inspection Report
October 28, 2011 | 17
Non-Compliance
• Non-Compliance or Warning Letter
•
•
•
•
Inspection Report
Pictures
Violations
Penalties
• Informal Conference
• Chance to respond
• Discuss violations
DEP
• Consent Order
• Formal agreement to resolve issues
October 28, 2011
EPA’s Role
• RCRA program delegated to FDEP in our
state
• RCRA = federal act establishing HW rules
• FDEP rules adopt 40 CFR
• FDEP has 360 days from inspection date to
settle a case
• EPA requires penalties for certain
violations
October 28, 2011 | 19
Disclaimer
• District regulatory variations
• May interpret regulation applicability
differently
• Develop a relationship and line of
communication with your District HW Staff
October 28, 2011 | 20
FDEP District and Tallahassee Contacts
• @dep.state.fl.us:
•
•
•
•
•
•
Karen.Bayly@
James.Byer@
James.Dregne@
Karen.E.Kantor@
Janine.Kraemer@
Vicki.Valade@
• Glen.Perrigan@
/ 239-344-5616 - South
/ 850-595-0573 - NW
/ 813-632-7600 (ext. 410) – SW
/ 561-681-6670 – SE
/ 407-897-4303 – Central
/ 904-256-1669 – NE
/ 850-245-8749 – Headquarters!
October 28, 2011 | 21
Take the Test
HW inspectors look at or for:
1. Processes
2. Procedures
3. Chemicals
4. Wastes or…
5. All of the above!
October 28, 2011 | 22
Testing, Testing, Testing...
• Determinations to identify hazardous waste may be
inadequate: T or F
• A notification of hazardous waste activity must be submitted to
Tallahassee (SQG and LQG): T or F
• Only full containers must be labeled and dated: T or F
• Only full containers must be inspected weekly: T or F
• Records have a 3-year retention minimum: T or F
• Hazwoper or Hazmat training can substitute for Haz Waste
training: T or F
• Preparedness/prevention measures must be posted and
documented: T or F
October 28, 2011 | 23
Florida Department of
Environmental Protection
Discussion
Debby Valin, Central District
P2 and Compliance Assistance
321-229-8931
[email protected]
http://www.dep.state.fl.us/central/Home/P2/default.htm
http://www.dep.state.fl.us/waste/categories/hwRegulation/default.htm
October 28, 2011 | 24