Florida Department of Environmental Protection

Hazardous Waste Facility Compliance History


Activity History Listing


Activity History for:

EPAID: FLR000026625, 419 Metal


Note: ETA links to Enforcement Tracking Activity
Date Done Activity Type Activity Comments ETA Link
09/18/1995 Complaint Inspection
09/30/1995 Project Closed Letter Facility In Compliance. Case Closed. Facility In Compliance. Case Closed.
12/21/2004 Legacy Site Inspection
01/25/2005 Legacy Site Inspection
01/25/2005 Enforcement Project Initiated
01/25/2005 Significant Non-Complier - Yes
03/16/2005 Notice Of Violation Issued
07/21/2005 Consent Order Executed
07/21/2005 Significant Non-Complier - No
09/01/2005 Penalty Received $3000.00 $3000.00
10/11/2005 Submittal Received By Department Site Screening Plan Received Site Screening Plan Received
10/17/2005 Letter Letter Re. Necessary Corrections To Ssp Letter Re. Necessary Corrections To Ssp
11/01/2005 Telephone Conversation Email From Consultant Accepting Changes To Ssp Email From Consultant Accepting Changes To Ssp
11/28/2005 Telephone Conversation Email From Consultant: Ssp Work To Start 12/13/05 Email From Consultant: Ssp Work To Start 12/13/05
12/12/2005 Compliance Evaluation Inspection
01/11/2006 Letter
01/30/2006 Submittal Received By Department Email From Atty To G Holmes Responding To Jan 11 Ltr Email From Atty To G Holmes Responding To Jan 11 Ltr
02/14/2006 Letter Ltr From Ogc To Atty Re Complaint From Seminole Co. Ltr From Ogc To Atty Re Complaint From Seminole Co.
04/05/2006 Case Referred To Ogc Case Report Sent To Larry Morgan Via Email Case Report Sent To Larry Morgan Via Email
11/01/2006 Submittal Received By Department Site Screening Report Received Site Screening Report Received
11/28/2006 Letter Review Of Site Screening Report Review Of Site Screening Report
02/29/2008 Case Closed By District
03/03/2009 Site Inspection Complaint; CESQG (<100 kg/month) - Complaint; VSQG (<100 kg/month) On March 3, 2009 Michael Eckoff, Danielle Bentzen, And Lu Burson, Florida Department Of Environmental Protection (Fdep), Accompanied By Bart Phillips, 419 Metal & Auto Recycling Center Inc (419), Inspected 419 In Response To A Complaint Alleging Improper Waste Disposal. The Complainant Alleges The Facility Is Improperly Storing Large Computer Servers And Allowing Releases Of Used Oil To The Ground And Not Cleaning Up The Releases. The Facility Consists Of 6 Acres On The North Side Of Old Sanford Oviedo Road And 4 Acres On The South Side (Formerly Fuses Auto Salvage). Mr. Phillips Also Owns The Adjacent 7 Acres That Contains A Wetland Area. The Facility Has A Septic System For Disposal Of Domestic Wastewater And An On-Site Well For Potable Water. The Facility Has 32 Employees And Operates 6 Days/Week, Monday To Friday, 8 Am To 6 Pm, And Saturday, 9 Am To 6 Pm. The Facility Has Been At This Location Since 1993. Inspection History 419 Was Inspected By The Department'S Hazardous Waste Program On December 21, 2004 And January 25, 2005 And Was Not In Compliance Due To Failure To Properly Label Containers Storing Used Oil, Disposing Solid Waste Within 200 Feet Of A Natural Or Artificial Water Body Without A Permit, Failure To Obtain A Multi-Sector Generic Permit (Msgp), Failure To Document Proper Disposal Of Waste Tires, Failure To Conduct A Proper Waste Determination, Failure To Respond To Used Oil Releases. Consent Order Ogc File No. 05-0188 Was Executed Assessing $8,000 In Department Costs And Penalties. | 419 Is A Conditionally Exempt Small Quantity Generator (Cesqg) Of Hazardous Waste, A Generator Of Used Oil, And A Small Quantity Handler Of Universal Waste And Was Not In Compliance At The Time Of The Inspection. The Complainant Allegations Were Confirmed Regarding Used Oil Releases To The Ground. Provide Documentation Of Contact With The Fdep Recycling Program In Tallahassee To The Department Within 30 Days Of Your Receipt Of This Warning Letter. Please Submit Copies Of Manifests From 2006 And 2007 To The Department Within 30 Days Of Your Receipt Of This Warning Letter. | 419 Had A Roll Off Dumpster For Electronics Next To The Office (Figure 1). According To Mr. Phillips, They Will Remove Chips From The Circuit Boards In Order To Reclaim The Precious Metals, Which Will Be Sold To An Electronics Recycler. The Remaining Parts Will Be Shredded. The Facility Has Been Accepting Electronic Waste For Approximately Four Months But Has Not Started Removing Chips. The Facility Must Contact The Fdep Recycling Program In Tallahassee At (850)245-8706 For Requirements Of The Electronics Recycling Program. Autos Are Processed On The North Side Of The Facility. Cars Are Purchased From Individuals And At Auction. 419 Has An Auto Crusher On Site (Figure 3). The Auto Dismantling Area Showed Several Locations Where Automotive Fluids Had Been Released To The Ground And The Housekeeping In The Area Was Very Poor (Figures 4 To 7). There Was A Truck Near The Entrance To The Area With A Puddle Of Antifreeze Next To And Running From The Truck (Figure 2). Two Vehicles Were Situated On Racks Over Open Top Totes (~200 Gallon) (Figures 8 And 9). The Totes Were Supposed To Capture Any Automotive Fluids Being Drained From The Vehicles But There Were Significant Areas Of Spillage Around The Totes. The Totes Were Labeled With The Words "Used Oil" But Were Open And Not Located Inside Secondary Containment [62-710.401(6), Florida Administrative Code (F.A.C.)]. Each Was ~1/3 Full. There Was Also A 5-Gallon Pail Situated Underneath One Of The Vehicles In An Attempt To Capture Gasoline (Figure 12). Even Though The Totes Were Situated Underneath The Roof Of The Structure They Were Not Being Managed In A Manner That Would Keep Them From Being Impacted By Rain During A Storm Event. There Were Also Several Full Drums Of Petroleum Contaminated Soil (Figure 14). There Was A 5-Gallon Pail Of Used Oil That Was Open And No
06/23/2009 Warning Letter Sent for WARNING LETTER-06/23/2009 ; Finished-10/01/2009 17331
07/28/2009 Meeting Finished-07/28/2009 17331
09/23/2009 Site Inspection Follow-Up; CESQG (<100 kg/month) - Follow-Up; VSQG (<100 kg/month) The Facility Was Inspected For Compliance With Its Npdes Stormwater Multi-Sector Generic Permit (Msgp) For Industrial Activities And A Follow-Up Inspection To The March 3, 2009 Inspection To Verify Corrective Action Required By Warning Letter #09-016. Ms. Waters Conducted The Inspection Relating To The Msgp. | The Facility Stores Motor Blocks In A Roll-Off Type Dumpster With A Tarp Covering The Top. There Were No Releases From The Dumpster At The Time Of The Inspection. The Facility Was Able To Provide The Quarterly Visual Stormwater Inspections, Quarterly Facility Inspections, Annual Training Records; Training Is Given At The Monthly Facility Meetings, And The Year 4 (2008) Dmr. The Records Indicated The Facility Was Fulfilling The Requirements Of The Msgp Prior To The March 3, 2009 Inspection. The Facility Updated The Stormwater Pollution Prevention Plan (Swppp) Required By Their Msgp To Include A Statement About Responding To Releases At The Facility. Mr. Phillips Stated Facility Personnel Will Respond To Releases In A Reasonable Amount Of Time. The Facility Has Joined The Elvs Program For The Disposal Of Mercury Switches. | The Facility Was Inspected As A Conditionally Exempt Small Quantity Generator (Cesqg) Of Hazardous Waste And A Generator Of Used Oil. | Done, Made Requested Changes | Submitted For Approval By Eckoff, Michael 17331
03/08/2010 Short Form Consent Order Drafted for SHORT FORM CONSENT ORDER-10/02/2009 ; Finished-03/08/2010 17331
03/08/2010 Letter Finished-03/08/2010 17331
03/30/2010 Short Form Consent Order Drafted for SHORT FORM CONSENT ORDER-03/08/2010 ; Finished-03/30/2010 17331
03/30/2010 Case Report Finished-03/30/2010 ; Sent to OGC for CASE REPORT-03/30/2010 17331
06/09/2010 Short Form Consent Order Executed for SHORT FORM CONSENT ORDER-06/09/2010 ; Finished-06/10/2010 17331
06/10/2010 Enforcement Tracking Finished-06/10/2010
03/15/2011 Site Inspection Routine; CESQG (<100 kg/month) - Routine; VSQG (<100 kg/month) On March 15, 2011, Danielle Bentzen And John White, Florida Department Of Environmental Protection (Fdep), Responded By Request Of Bureau Of Emergency Response, To A Fire Incident That Occurred At 419 Metal & Auto Recycling Center (419 Metals) On January 29, 2011. The Purpose Of The Request Was To Verify What Types Of Materials Burned In The Fire And Determine If There Is A Need To Forward The Case To The Waste Cleanup Section For Further Action. | Upon Arriving On Site, Inspectors Were Informed Mr. Bart Phillips, President Of 419 Metals, Was Not On Site. Danielle Bentzen Spoke With Mr. Phillips Via Cell Phone Regarding The Incident. Mr. Phillips Indicated The Materials In The Fire Were White Goods And Automotive Vehicles. These Materials Had Been Crushed And Bailed For Recycling Two Weeks Prior To The Fire. Smurf, An Employee On Site That Mr. Phillips Asked To Show Inspectors Where The Fire Occurred, Accompanied Inspectors To The Fire Area. The Fire Occurred On The Southeast Section Of The Property And Includes Partial Property Of Csx Rail. There Were No Visible Signs Of A Petroleum Release On Site Where The Fire Occurred. According To The Reports, The Water From Extinguishing The Fire Ran Off Property To The East To Layer Elementary School. Inspectors Were Unable To Inspect The Stormwater Pond On The School'S Property. | The Department Inspected The Area Where The Fire Occurred On January 29, 2011 And Found No Visible Signs Of Petroleum Releases. | Ready To Go | Submitted For Approval By Bentzen, Danielle
01/05/2021 Site Inspection Complaint; CESQG (<100 kg/month) - Complaint; VSQG (<100 kg/month) On January 5, 2021, Miranda Rothenberger And Amada Fernandez, Florida Department Of Environmental Protection (Fdep Or Department) Inspected 419 Metal & Auto Recycling Center Inc (419 Recycling Or Facility) For Compliance With State And Federal Hazardous Waste Regulations In Response To A Complaint Received On December 28, 2020. The Complaint Claimed That The Facility Was Burning Debris On Site. The Facility Was Represented By Jerry Dowe, Manager. Site Access Was Granted Verbally By The Property And Business Owner, Bart Phillips. 419 Recycling Initially Notified The State As A Very Small Quantity Generator (Vsqg) On March 7, 2012 And Receive Epa Identification Number Flr000026625. The Facility Most Recently Notified As A Vsqg On February 14, 2014 And Retains Epa Identification Number Flr000026625. | A Complete Walk Through Of The Property Was Conducted And Found No Open Flames Or Evidence Of Burning. The Site Generates Used Oil, Used Antifreeze, And Waste Gasoline. At The Time Of The Inspection The Following Tanks Were Present: - Three 300-Gallon Tanks Of Used Oil - One 200-Gallon Tank Of Used Antifreeze - One 500-Gallon Tank Of Used Gasoline The Tanks Are Contained In Concreate Secondary Containment And Covered With A Metal Awning. Mr. Dowe Stated That Southern Oil Transports These Wastes. On January 12, 2021, The Department Requested Used Oil Shipment Receipts From The Last Three Years. Records For 2019 And 2020 Were Received On January 25, 2021 And Were Found To Be In Compliance. Southern Oil Recovery Inc. And Safety-Kleen Systems, Inc. Are Used As Transporters. There Was One Shed Located East Of The Used Oil Tank Containments Marked “Mercury Switches” At The Time Of The Inspection There Was One 5-Gallon Bucket Of Used Mercury Switches For Disposal. The Switches Are Managed As Hazardous Waste. The Property Across The Street, Parcel Id 3420305aw00000110, Is Owned By 419 Metal & Auto Recycling Center Inc According To The Seminole County Property Appraiser. This Property Is Leased To Ac Recovery Scrap Yard. This Property Was Inspected With Site Access Permission From Mr. Phillips. There Was Evidence Of Small Fire Located Is The South East Corner Of The Property. An Unknown Material Was Smoking. Mr. Dowe Extinguished The Smolder. The Department’S Solid Waste Program Is Following Up On This Activity. | 419 Metal & Auto Recycling Center Inc Was Inspected On January 5, 2021 For Compliance With State And Federal Hazardous Waste Regulations And Was Found To Be In Compliance At The Time Of The Inspection.

Violation History:

Vio# Area Regulation Opened By Date Determined Completed ETA Act Act Date Regulation Text Excerpt
(mouse over for full text)
1 PCR 62-621.300 Proffitt_L 12/21/2004 07/21/2005 10459 12/21/2004 Permits.
2 279.C 279.22(c) Proffitt_L 12/21/2004 07/21/2005 10459 12/21/2004 Labels.
3 XXS 62-150.300 Proffitt_L 12/21/2004 07/21/2005 10459 12/21/2004 Notification Requirements.
4 XXS 62-701.300(2)(f) Proffitt_L 12/21/2004 07/21/2005 10459 12/21/2004 Within 200 feet of any natural or artificial body of water unless storage or disposal takes place at a facility for which a complete permit application was filed or which was originally permitted before the water body was in existence. For purposes o
5 262.A 262.11 Proffitt_L 01/25/2005 07/21/2005 10545 01/25/2005 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:
6 262.A 262.11 Eckoff_M 03/03/2009 09/23/2009 17331 12000000000013 03/03/2009 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:
7 279.C 279.22(d) Eckoff_M 03/03/2009 09/23/2009 17331 12000000000013 03/03/2009 Response to releases . Upon detection of a release of used oil to the environment that is not subject to the requirements of part 280, subpart F of this chapter and which has occurred after the effective date of the recycled used oil management progr
8 XXS 62-710.401(6) Eckoff_M 03/03/2009 09/23/2009 17331 12000000000013 03/03/2009 No person may store used oil in tanks or containers unless they are clearly labeled with the words "used oil" and are in good condition (no severe rusting, apparent structural defects or deterioration) with no visible oil leakage. If tanks or contain