CLAIMS FOR RELIEF
The United States and the Florida Department of Environmental Protection (FDEP) pursue injunctive relief and the assessment of civil penalties for infringements of environmental regulations at CFI’s Plant City phosphate facility in Hillsborough County, Florida.
First Claim for Relief: Failure to make hazardous waste determination
In accordance with Title 40 of the Code of Federal Regulation (C.F.R.) Part 262.11 and Chapter 62-730 of the Florida Administrative Code (F.A.C.), a generator of solid waste must determine whether or not that waste is considered hazardous. A determination of waste as hazardous requires possible prohibition or limitations relating to the management of that particular waste.
It was noted that during December 2004 and January 2005 inspections and sampling events, CFI, Inc. consistently generated solid wastes for which they failed to make hazardous waste determinations. These wastes included the following:
a) Phosphoric acid plants scrubber effluent;
b) X (one of four designated facility where MAP and DAP products are manufactured) DAP/MAP train reactor secondary scrubber effluent;
c) X DAP/MAP train dryer secondary …show more content…
With that, defendant is responsible for injunctive relief and civil penalties pursuant to Section 3008(a) RCRA, 42 U.S.C. Part 6928, and Part 403.727 of Florida Statutes, CFI, Inc., for their inability to comply with regulations set forth at 40 C.F.R. §§ 268.40(a), and 268.48 and Chapter 62-730, F.A.C.before disposal of exempt waste in their phosphoypsum stack system. Violations involve 40 C.F.R. §§ 268.9(c), 268.40(a), and 268.48 and Chapter 62-730, F.A.C.
Fifth Claim for Relief: Failure to keep documentation of hazardous waste
The United States and the Florida Department of Environmental Protection (FDEP) pursue injunctive relief and the assessment of civil penalties for infringements of environmental regulations at CFI’s Plant City phosphate facility in Hillsborough County, Florida.
First Claim for Relief: Failure to make hazardous waste determination
In accordance with Title 40 of the Code of Federal Regulation (C.F.R.) Part 262.11 and Chapter 62-730 of the Florida Administrative Code (F.A.C.), a generator of solid waste must determine whether or not that waste is considered hazardous. A determination of waste as hazardous requires possible prohibition or limitations relating to the management of that particular waste.
It was noted that during December 2004 and January 2005 inspections and sampling events, CFI, Inc. consistently generated solid wastes for which they failed to make hazardous waste determinations. These wastes included the following:
a) Phosphoric acid plants scrubber effluent;
b) X (one of four designated facility where MAP and DAP products are manufactured) DAP/MAP train reactor secondary scrubber effluent;
c) X DAP/MAP train dryer secondary …show more content…
With that, defendant is responsible for injunctive relief and civil penalties pursuant to Section 3008(a) RCRA, 42 U.S.C. Part 6928, and Part 403.727 of Florida Statutes, CFI, Inc., for their inability to comply with regulations set forth at 40 C.F.R. §§ 268.40(a), and 268.48 and Chapter 62-730, F.A.C.before disposal of exempt waste in their phosphoypsum stack system. Violations involve 40 C.F.R. §§ 268.9(c), 268.40(a), and 268.48 and Chapter 62-730, F.A.C.
Fifth Claim for Relief: Failure to keep documentation of hazardous waste