Florida Department of Environmental Protection

Hazardous Waste Facility Compliance History


Activity History Listing


Activity History for:

EPAID: FLD981926843, Kelly Tractor Co


Note: ETA links to Enforcement Tracking Activity
Date Done Activity Type Activity Comments ETA Link
09/15/2010 Site Inspection Routine; CESQG (<100 kg/month) - Routine; VSQG (<100 kg/month) - Routine; Used Oil Generator Facility Was Not In Compliance At The Time Of The Inspection. Facility Was Given 30 Days To Return To Compliance. Notification For This Facility Was Performed By The Corporate Ehs Officer Out Of Miami. Since The Inspection, The Inspector Has Been In Contact With The Corporate Ehs Officer And Requested That A Decision Be Made Concerning This Facility'S Generation Status. The Inspector Explained That The Facility Must Either Lower Their Generation Status By Eliminating Parts Washers And Alternating Parts Washer Clean Outs Or The Facility Will Be Required To Meet The Sqg Standards. The Decision Was Made That The Facility Would Remain A Sqg And The Inspector Is Now Working With The Facility To Bring Them Into Compliance With Sqg Standards. | Kelly Tractor Is A Business Which Provides Rental, Sales, And Servicing Of Heavy Equipment. The Facility Is Approximately Five Acres In Size And Is Located In A Commercial Area. There Are Approximately 50 Employees. The Facility Is Connected To City Water And Sewer, And Has Been In Operation At The Current Location Since The 1950s. Compliance History The Facility Has Never Been Inspected By The Department And Notified As A Small Quantity Generator In 2010. | As A Result Of Processes Conducted At The Facility Waste Streams Include Used Oil, Batteries, Used Oil Filters, Used Antifreeze, Mercury Bulbs, And Mineral Spirits. The Facility Consists Of One Building Containing An Office At The Entrance, A Product Storage Area, A Parts Room, A Paint Booth, A Workshop Area Containing Eight Bays, And The Garage. The Product Storage Area Is Directly Behind The Front Office Area. In This Space The Used Batteries Were Stored In A Box Under The Overhang On The West Side Of The Building. During The Inspection, It Was Stated That The Used Cores Are Shipped To Company Headquarters In Doral And Then Sent For Recycling; However, No Documentation Was Available To Track The Cores To Doral Or To The Recycling Facility. A Circular Cardboard Box Containing Spent Mercury Bulbs Was Present And Properly Labeled; However, The Top Did Not Securely Fit And There Were Visible Broken Bulbs In With The Spent Bulbs. The Parts Room, Which Is To The West Of The Product Storage Area, Contained A Parts Washer And A Mild Chemical Rinse Degreaser Bath Situated Against The North Wall. It Was Brought To The Inspector'S Attention That Both Baths Were Being Decommissioned. Along That Same Wall Was A System One Parts Washer. It Was Stated That The Mineral Spirits Sludge From This Equipment And The Mop Water Were Being Disposed Of Along With Contaminated Soil In The Contaminated Oil Storage Area (See Below). A Blast & Peen Machine Was Located In This Same Area By The Bay Doors. The Inspectors Were Told That The Company Has Not Bought Blast Media For The Machine For At Least The Last Ten Years And Has Not Disposed Of Any Waste Blast Media In The Last 30 Years. The Paint Booth Is To The East Of The Parts Room; It Appears To Have Proper Filtering And A Bay Door That Closes During Spraying. Inspectors Were Told That The Paint Waste Is Recycled; Used Paint Filters And Absorbents Are Taken By Safety Kleen. The Paint Gun Is Cleaned By Passing Thinner Through It; However, The Bucket Used To Recapture The Thinner And Residue Was Left Out In The Open Allowing For The Evaporation Of Hazardous Waste. The Workshop Area Consists Of Eight Bays Set Up For Job Specific Tasks. The First Bay To The East Is The Engine Shop. A Small White Ten Liter Plastic Container Of Mineral Spirits Was Found Open On One Of The Work Stations. A System One Parts Washer And A Final Rinse Bath That Contains Mineral Spirits Were Against The North Wall; It Was Stated That The Parts Washer And Wash Rack Sludge Is Cleaned Out And Disposed Of Along With The Contaminated Soil. Located On The West Side, Across From The Engine Shop Is The Transmission Shop. The Transmission Shop Has The Same Set Up At The Engine Shop; It Has A System One Parts Washer And
09/22/2010 Informal Verbal Enforcement Finished-09/22/2010
01/27/2011 Site Photos Finished-01/27/2011
01/27/2011 Site Photos Finished-01/27/2011
01/27/2011 Site Photos Finished-01/27/2011
01/27/2011 Site Photos Finished-01/27/2011
01/27/2011 Site Photos Finished-01/27/2011
01/27/2011 Site Photos Finished-01/27/2011
01/27/2011 Site Photos Finished-01/27/2011
01/27/2011 Site Photos Finished-01/27/2011
02/03/2011 Submittal Received By Department Finished-02/03/2011
02/03/2011 Submittal Received By Department Finished-02/03/2011
02/03/2011 Submittal Received By Department Finished-02/03/2011
02/03/2011 Submittal Received By Department Finished-02/03/2011
02/03/2011 Submittal Received By Department Finished-02/03/2011
02/03/2011 Submittal Received By Department Finished-02/03/2011
02/03/2011 Submittal Received By Department Finished-02/03/2011 ; Finished-02/03/2011
02/03/2011 Submittal Received By Department Finished-02/03/2011
02/03/2011 Submittal Received By Department Finished-02/03/2011
02/03/2011 Submittal Received By Department Finished-02/03/2011
02/03/2011 Submittal Received By Department Finished-02/03/2011
02/03/2011 Submittal Received By Department Finished-02/03/2011
02/03/2011 Submittal Received By Department Finished-02/03/2011
02/03/2011 Submittal Received By Department Finished-02/03/2011
05/05/2023 Site Inspection Routine; SQG (100-1000 kg/month) - Routine; Used Oil Transporter - Routine; Used Oil Transfer Facility On May 5th, 2023 (05/05/2023) Kaitlyn Taylor With The Florida Department Of Environmental Protection (Dep) Conducted A Routine Compliance Evaluation Inspection (Cei) For Used Oil And Hazardous Waste At Kelly Tractor Co., Located At 5460 Okeechobee Blvd, West Palm Beach 33417. Kelly Tractor Was Inspected To Determine The Facility’S Compliance With The State And Federal Hazardous Waste Regulations Described In Title 40, Code Of Federal Regulations (Cfr) Parts 260-268, Adopted And Incorporated By Reference In Rule 62-730, Florida Administrative Code (F.A.C.), As Well As The State Used Oil Rule 62-710 F.A.C. The Inspector Was Accompanied By Johanna Polycart, Environmental Specialist Iii From The Fdep. The Inspectors Were Escorted Around The Facility By Gary Conklin, Service Manager And Mark Griffin, Parts Manager. Upon Arrival At The Facility The Inspectors Presented Their Credentials And Explained The Purpose Of The Inspection. Kelly Tractor Has Been Operating At Its Current Location Since Approximately 1980 And Employs 90 Staff. The Facility Is Connected To Public Water And Sewer Services And Operates From 7:30 A.M. To 5:00 P.M. Monday To Friday. Notification History: Kelly Tractor Initially Notified With The Department As A Transporter And Transfer Facility For Used Oil And Used Oil Filters On 10/10/2010. The Facility Was Assigned The Epa Identification (“Epaid”) Number Fld981926843. The Facility’S Most Recently Registered With The Department On 05/23/2023 As A Used Oil Transporter, Transfer Facility, Filter Transporter, And Filter Transfer Facility, Expiring On 06/30/2024. The Facility Also Registered As A Small Quantity Generator (Sqg) On 06/21/2022. Inspection History: On 09/15/2010, A Compliance Evaluation Inspection Was Conducted By The Department And The Facility Was Out Of Compliance For Failure To Document Disposal Of Lead Acid Batteries, Failure To Make Waste Determinations, Failure To Properly Contain Universal Waste Lamps, And Oil Caddies Were Not Labeled Used Oil. Personal Protective Equipment (Ppe) Was Required To Enter The Facility. The Department Inspectors Were Equipped With Steel-Toed Boots, Safety Vest, And Safety Glasses. | Kelly Tractor Is The Caterpillar Heavy Equipment Dealer In The South Florida Area. They Provide Rentals, Leasing, Sales, And Servicing For All Types Of Construction And Industrial Equipment. Kelly Tractor Is A Hazardous Waste And Used Oil Generator, Used Oil Transporter, Used Oil Filter Transporter, And Used Oil And Used Oil Filter Transfer Facility. They Generate Their Own Used Oil From Maintenance On Their Own Equipment And Transport It Themselves To Their Facility. They Do Not Transport Any Used Oil From Third-Party Customers. They Also Generate Universal Waste Lamps And Batteries. Waste Is Also Generated In The Service Shop, Main Shop, And The Paint Department. Service Shop: The Service Shop Contains One Of Two Central Accumulation Areas. Inspectors Observed Six 55-Gallon Drums Labeled “Uncrushed Used Oil Filters Only” And Two 55-Gallon Drums Labeled “Absorbent Material Only”. The Hazardous Waste Observed In This Area Was One 55-Gallon Drum For Waste Solvent Wipes Labeled “Hazardous Waste” (Waste Code F003, F005, D001, D018), The Drum Did Not Have An Accumulation Start Date [40 Cfr 262.16(B)(6)(I)(C)] And Compliance Assistance Was Offered In The Exit Interview. Main Shop: The Main Shop Contains The Second Central Accumulation Area. Inspectors Observed Five 55-Gallon Drums. At The Time Of The Inspection Two Drums Were Empty, Two Were Labeled “Uncrushed Used Oil Filters Only”, And One Contained Waste Solvent Wipes Labeled “Hazardous Waste” (Waste Code F003, F005, D001, D018). The Hazardous Waste Drum Did Not Have An Accumulation Start Date [40 Cfr 262.16(B)(6)(I)(C)] And Compliance Assistance Was Offered In The Exit Interview. Inspectors Observed An Open Container Of Used Oil Filters And Some Not In A Container [62-710.850, F.A.C], Compliance Assistance Was Offered To Move
05/12/2023 Site Photos Finished-05/12/2023 Site Photos Uploaded To Oculus 5/12/2023
05/12/2023 Status Report Finished-05/12/2023
05/26/2023 Submittal Received By Department Finished-05/26/2023
06/08/2023 Informal Verbal Enforcement Return to Compliance Letter Sent (RCL)-06/08/2023 ; Finished-06/08/2023

Violation History:

Vio# Area Regulation Opened By Date Determined Completed ETA Act Act Date Regulation Text Excerpt
(mouse over for full text)
1 279.C 279.22(c)(1) Winston_K 09/15/2010 01/04/2011 27145 09/15/2010 Containers and aboveground tanks used to store used oil at generator facilities must be labeled or marked clearly with the words "Used Oil."
2 273.B 273.13(d)(1) Winston_K 09/15/2010 01/04/2011 27145 09/15/2010 A small quantity handler of universal waste must contain any lamp in containers or packages that are structurally sound, adequate to prevent breakage, and compatible with the contents of the lamps. Such containers and packages must remain closed and
3 262.A 262.11 Winston_K 09/15/2010 01/04/2011 27145 09/15/2010 Hazardous waste determination. A person who generates a solid waste, as defined in 40 CFR 261.2, must determine if that waste is a hazardous waste using the following method:
4 XXS 62-730.030(3) Winston_K 09/15/2010 01/04/2011 27145 09/15/2010 A conditionally exempt small quantity generator (CESQG) which chooses to send its hazardous waste to an off-site treatment, storage or disposal facility shall document delivery of its hazardous waste through written receipts and other records which a
5 273.B 273.13(d)(2) Winston_K 09/15/2010 01/04/2011 27145 09/15/2010 A small quantity handler of universal waste must immediately clean up and place in a container any lamp that is broken and must place in a container any lamp that shows evidence of breakage, leakage, or damage that could cause the release of mercury
6 273.B 273.14(e) Taylor_Ka 05/05/2023 06/08/2023 195228 05/05/2023 EACH LAMP OR CONTAINER IN WHICH LAMPS ARE CONTAINED MUST BE CLEARLY LABELED OR MARKED WITH UNIVERSAL WASTE-LAMP(S) OR WASTE LAMP(S) OR USED LAMP(S)
7 XXS 62-730.160(3) Taylor_Ka 05/05/2023 06/08/2023 195228 05/05/2023 Generators of hazardous waste who accumulate hazardous waste on-site under 40 CFR 262.16, and 262.17 [as adopted in subsection 62-730.160(1), F.A.C.], shall maintain written documentation of the inspections required under 40 CFR Part 265 [as adopted
8 279.C 279.22(d)(3) Taylor_Ka 05/05/2023 06/08/2023 195228 05/05/2023 CLEAN UP AND PROPERLY MANAGE THE RELEASED USED OIL AND OTHER MATERIALS
9 262.A 262.16(b)(6)(i)(C) Taylor_Ka 05/05/2023 06/08/2023 195228 05/05/2023 date each period of accumulation begins is marked and visible on each SQG container
10 279.C 279.22(c)(1) Taylor_Ka 05/05/2023 06/08/2023 195228 05/05/2023 CONTAINERS AND ABOVEGROUND TANKS MUST BE CLEARLY MARKED USED OIL
11 262.A 262.16(b)(2)(iv) Taylor_Ka 05/05/2023 06/08/2023 195228 05/05/2023 At least weekly, the small quantity generator must inspect central accumulation areas. The small quantity generator must look for leaking containers and for deterioration of containers caused by corrosion or other factors. See paragraph (b)(2)(i) of