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06/15/2011 |
Site Inspection |
Routine; CESQG (<100 kg/month) - Routine; VSQG (<100 kg/month) - Routine; Hazardous Waste Transporter Bio Waste Tech Inc (Bwti) Was Inspected Along With Palm Beach County Health Department'S Representatives Drovica Gosein-Rodriguez And Wendy Duncombe.
The Facility Has Been At The Current Location For Ten (10) Years As A Biomedical Waste Transporting Facility. On 09/16/2010 Bwti Was Approved By The Department As Mercury Lamps And Devices Transporter. Hazardous Waste Transporting Notification Was Approved By The Department On 12/15/2010.
Bwti Uses City Utilities And Does Not Currently Have Any Other Employees.
As Per The Operator, Mr. Bryant, At This Time, The Facility Only Transports Biomedical Waste, And Not Hazardous Waste. However, Two (2) Records Of Hw Transport By Bio Waste Tech Were Obtained Through Other Investigations (As Described Below). | Operator Was Provided With Educational Materials And Labeling Stencils. Rules And Regulations Applicable To Transporting Various Wastes Were Discussed And All Transporting Rules And Regulations Were Previously Provided To The Operator Via E-Mail On 02/07/2011.
Please Submit All Proof Of Compliance Within Fourteen (14) Days Of Inspection. | At Time Of Inspection All Records Were Reviewed Along With Proof Of Insurance. Also Inspected Was The Truck That Was Registered For Hazardous Waste Transport.
A "Shipping Paper" Was Forwarded To The Fdep By Mrs. Gosein-Rodriguez Of Doh. The Shipping Paper Indicated That Bwti Received Two (2) 5-Gal Containers Of "Xray Haz Film" On 09/24/2009 From Dr. Henry Kim'S Office/Clinic, Located On 712 A1a Suite 220, North Palm Beach, Fl. The Shipping Paper (See "Shipping Paper" Attachment) Also Indicated That Bwti Certified That "All Waste Matter Removed (...) Will Be Disposed Of In A Manner Consistent With The Provisions Set Forth In Fac For Biomedical Waste Chapter 64e-16"; The Document Did Not Indicate A Proper Method Of Disposal For His Hazardous Waste. When Asked Twice During The Inspection If Mr. Bryant Has Ever Transported Any Hazardous Waste Prior To Transporting Sfi'S Waste, Mr. Bryant Denied Transport Of Such Wastes Each Time. In Addition To Concerns Of Proper Disposal Methods Of Above-Mentioned X-Ray Waste, Bwti Was Not Notified As A Hazardous Waste Transporter On 9/24/09, And Was Not Approved By The Department As A Hazardous Waste Transporter Until 12/15/2010.
Previous Investigation Of Southland Forming, Inc. (Sfi) In December 2010 Through January 2011 Revealed That Bwti Was The Hazardous Waste Transporter Used By Sfi. Wastes Removed By Bwti From Sfi Were A Total Of Nine (9) Containers (8 55-Gal Drums And 1 70-Gal Above-Ground Gas Tank). Sfi Representative, Mr. Owen Bristow, Clearly Stated That The Containers Removed By Bwti From Sfi On December 28th, 2010 Did Contain Nearly 140 Gal Of Waste Clean Strip At Time Of Pick-Up (See Attached Sfi Correspondence Dated 07/21/2011). Upon Pick-Up There Was No Manifest Issued For Waste Picked Up. The Only Documentation Provided To The Generator Was Bill Of Lading Dated 12/28/2010 (Attached).
The Bill Of Lading Indicated The Receipt Of Fourteen (14) Empty 55-Gal Drums And One (1) Empty Gas Tank (Size Not Indicated), Destined For "Miami" In "Palm Beach County", A Non-Existent Destination.
As Follow-Up Documentation Mr. Bryant Provided A Solid Waste Authority (Swa) Disposal Authorization Ticket #8498 (Attached), Dated 12/28/2010 And Signed By Mr. Jose Garcia, A Swa Technician. The Swa Location Was Not Indicated On The Document. Also, The Disposal Ticket Indicated Disposal Of "Clean Strip Sealer" Characterized As "Hazardous Waste" (Number Of Containers And Amount Of Waste Was Not Indicated).
Mr. Bryant Did Not Produce The Uniform Hazardous Waste Manifest Until 02/14/2011, At Which Point He Presented It To Sfi'S Mr. Bristow Requesting The Generator'S Signature. The Manifest Was Then Forwarded To The Department On 02/15/2011 Listing Receipt Of Nine (9) Non-Hazardous, Empty Drums Of "Clean Strip Sealant" With Weight/Volume Indicated As "6140" (No Measurement Units Specified). |
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06/21/2011 |
Informal Verbal Enforcement |
Finished-06/21/2011 |
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07/29/2011 |
Submittal Received By Department |
Finished-07/29/2011 |
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07/29/2011 |
Letter |
Finished-07/29/2011 |
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07/29/2011 |
Submittal Received By Department |
Finished-07/29/2011 |
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07/29/2011 |
Submittal Received By Department |
Finished-07/29/2011 |
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07/29/2011 |
Submittal Received By Department |
Finished-07/29/2011 |
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03/14/2012 |
Warning Letter |
Approved for WARNING LETTER-03/14/2012 ; Reviewed for WARNING LETTER-03/14/2012 ; Finished-03/14/2012 ; Sent for WARNING LETTER-03/14/2012 |
158036 |
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03/20/2012 |
Phone Conversation |
Finished-03/20/2012 |
158036 |
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04/10/2012 |
Electronic Communication |
Finished-04/10/2012 |
158036 |
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04/10/2012 |
Phone Conversation |
Finished-04/10/2012 |
158036 |
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04/11/2012 |
Meeting |
Finished-04/11/2012 |
158036 |
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04/11/2012 |
Electronic Communication |
Finished-04/11/2012 |
158036 |
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04/11/2012 |
Department Comments |
Finished-04/11/2012 |
158036 |
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04/17/2012 |
Phone Conversation |
Finished-04/17/2012 |
158036 |
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04/20/2012 |
Phone Conversation |
Finished-04/20/2012 |
158036 |
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05/01/2012 |
Meeting |
Finished-05/01/2012 |
158036 |
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05/01/2012 |
Criminal Referral |
Forwarded for Review for CRIMINAL REFERRAL-04/19/2012 ; Finished-05/01/2012 |
158036 |
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05/15/2012 |
Case Report |
Sent to OGC for CASE REPORT-05/08/2012 ; Finished-05/15/2012 |
158036 |
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05/30/2012 |
Case Report |
Finished-05/30/2012 |
158036 |
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09/04/2012 |
Electronic Communication |
Finished-09/04/2012 |
158036 |
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12/13/2012 |
Penalty |
Sent for PENALTY-12/13/2012 ; Finished-12/17/2012 |
158036 |
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04/09/2013 |
Final Order |
Finished-04/09/2013 |
158036 |
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04/09/2013 |
Final Order |
Finished-04/09/2013 |
158036 |
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04/15/2013 |
Penalty |
Sent for PENALTY-04/15/2013 ; Finished-04/16/2013 |
158036 |
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05/24/2017 |
Enforcement Tracking |
Finished-05/24/2017 This Case Was Initially Referred For Criminal Investigation. A Criminal Case Was Not Established And The Matter Was Referred Back To Civil Enforcement. Warning Letter Issued On 3/14/2012. | Two Final Judgments Were Issued For This. Penalty Assigned Has Not Been Collected From The Operator. Late-Payment Letter Was Issued On 4/15/13. Awaiting Ogc Guidance On How Further Proceedings. |
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01/30/2023 |
Site Inspection |
Site Visit; Hazardous Waste Transporter On January 30, 2023 (01/30/2023), Johanna Polycart With The Florida Department Of Environmental Protection (Fdep) Conducted A Site Visit And Complaint Inspection At Biowaste Tech (Hereinafter Facility), Located At 1560 A Rd., Loxahatchee Groves, Fl 33470.
On 11/17/2022, The Department Received A Complaint Stating That Biowaste Tech Picked Up Photographic Waste From A Doctor’S Office On 02/28/2022 And Did Not Provide The Costumer With Any Manifest. The Costumers Also Believes That Biowaste Tech Transport The Waste To Solid Waste Authority In Delray Beach, West Palm Beach.
As A Result Of This Complaint, Napa 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 260-279, Adopted And Incorporated By Reference In Rule 62-730 Florida Administrative Code (F.A.C.). The Inspector Was Accompanied By Alannah Irwin, Environmental Manager And Jacob Davis, Environmental Iii From The Fdep.
The Facility Representative Met With The Inspectors At The 1560 A Rd., Loxahatchee Groves, Fl 33470 Location Because That Is Where The New Operations Will Be Conducted. The 3311 Pinewood Ave, West Palm Beach Location Associated With The Flr000169631 Epaid Is In The Process Of Closing.
The Inspectors Were Escorted Around The Facility By Carl Bryant, Owner. Upon Arrival At The Facility The Inspectors Presented Their Credentials And Explained The Purpose Of The Inspection.
Notification History:
The Facility Initially Registered With The Department As A Vsqg, Small Quantity Handler Of Universal Waste, And Universal Waste Transporter On 8/23/2010.
The Facility’S Latest Registration As A Universal Waste Transporter (Expired 03/01/2013) And Hazardous Waste Transporter (Expired 11/09/2012).
Inspection History:
The Facility Was Inspected As A Hazardous Waste Transporter On 06/15/2011 And Was Out Of Compliance For Not Using The Manifest System, Failure To Properly Complete The Manifest, And Failure To Transport Hazardous Waste With A Vehicle That Is Enclosed.
The Case Did Go To Enforcement, And In The Final Judgment (Case No: 50-2012-Ca-012403), Issued In The Circuit Court Of The Fifteenth Judicial Circuit, In And For Palm Beach County, Florida, Signed And Issued In February 2013 The Facility Was Ordered To:
• Pay The Department The Sum Of $15,580.00 In Civil Penalties And $1,000.00 For Costs Within Ten Days.
• Prohibited From Transporting Hazardous Waste In Florida Indefinitely
The Department Issued A Past Due Notice To The Facility On 4/15/2013 For The Penalty Amount To Be Paid By 4/22/2013.
Personal Protective Equipment (Ppe) Was Not Required To Enter The Facility. Department Personnel Were Equipped With Steel-Toed Boots.
| The Facility’S New Site Located At 1560 A Rd., Loxahatchee Groves, Fl 33470, Is Just A Field With A Small Storage Building. The Representative Informed The Inspectors That He Plans To Construct A Hemp Field In The Area.
The Representative Informed The Inspectors That He Has Stopped Doing Hazardous Waste Transportation Activities Two Years Ago Because Of The Covid-19 Pandemic, And That The Only Waste The Facility Transports Is Biomedical Waste.
The Facility Was Able To Provide A Registration (50-64-03974) From The Florida Department Of Health, Allowing The Transportation Of Biomedical Waste, Issued On 10/01/2022 And Expiring 09/30/2023.
Record Review:
Manifest
The Facility Was Not Able To Provide Manifests Of Hazardous Waste Transport For The Past Three Years.
The Representative Provided The ‘’Shipping Paper’’ Used By The Facility For Biomedical Waste Disposal That He Also Gives To Costumers. And The Information On The Form Includes Generator Name, Date, And Quantity.
| Biowaste Tech Was Inspected By The Department As A Transporter Of Hazardous Waste, And Was Found To Be Out Of Compliance For Failure To Keep A Copy Of The Manifest For A Minimum Of Three Years.
The Facility Was Requested To Submit By 2/9/2023, |
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02/03/2023 |
Status Report |
Finished-02/03/2023 ; Due Date-02/09/2023 |
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02/03/2023 |
Site Photos |
Finished-02/03/2023 Pictures Directly Uploaded To Oculus |
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04/05/2023 |
Informal Verbal Enforcement |
Return to Compliance Letter Sent (RCL)for InformalVerbalEnforcement-04/04/2023 ; Finished-04/05/2023 |
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