Florida Department of Environmental Protection

Hazardous Waste Facility Compliance History


Activity History Listing


Activity History for:

EPAID: FLR000233452, Cummins Inc


Note: ETA links to Enforcement Tracking Activity
Date Done Activity Type Activity Comments ETA Link
11/05/2020 Site Inspection Routine; CESQG (<100 kg/month) - Routine; VSQG (<100 kg/month) - Routine; Used Oil Transporter On November 5, 2020, Juliana Reis With The Florida Department Of Environmental Protection (“Fdep”) Conducted A Compliance Evaluation Inspection (“Cei”) At Cummins Inc. (Hereinafter “Cummins” Or “Facility”), Located At 3754 Interstate Park Way, Riviera Beach, Florida 33404. Cummins 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, 273, And 279, Adopted And Incorporated By Reference In Rule 62-710, 62-730, And Rule 62-737, Florida Administrative Code (“Fac”). The Inspector Was Escorted Around The Facility By Philip Alcantara, General Manager. Upon Arrival At The Facility, The Inspector Presented Their Credentials And Explained The Purpose Of The Inspection. Cummins Occupies 17,000 Square Feet And Is Connected To Municipal Water And Sewer. Cummins Has Been Operating At This Location Since 2014 And Employs 17 Staff. Notification History: Cummins Notified The Fdep As A Used Oil Transporter (Uot) And As A Very Small Quantity Generator (Vsqg) Of Hazardous Waste On 03/10/2020, When The Facility Commenced Operations At This Location And Was Assigned The Epa Identification Number (“Epaid”) Flr000233452. During The Inspection Was Observed That Facility Was Storing Used Oil For More Than 24 Hours And Less Than 35 Days, Which Requires The Facility To Register As A Used Oil Transfer Facility, Per 62-710.500(1) Fac. The Facility Was Requested To Either Submit An 8700-12 Fl Form To The Waste Management Division To Update Its Status As A Used Oil Transfer Facility Or To Comply With The 24-Hour Timeframes. Inspection History: The Facility Has Not Been Inspected By Fdep. Personal Protective Equipment (Ppe) Was Required To Enter The Facility. Department Personnel Were Equipped With Steel-Toed Boots, Protective Googles And A Facial Mask. | Cummins Provides Services Of Maintenance And Repairs To Large Vehicles And Private Transformers On-Site And At The Clients’ Site. Additionally, It Sells Mechanical Parts And Services Large Industrial Engines. The Wastes Generate From These Processes Include But Are Not Limited To: Used Oil, Used Oil Filters, Oily Water, And Oily Rags; Spent Solvents From Parts Washer; Spent Aerosol Can Contents, Exhibiting A Hazardous Waste Characteristic Of Ignitability (Epa Waste Code D001); Spent Mercury Lamps, Exhibiting A Hazardous Waste Characteristic Of Toxicity For Mercury (Epa Waste Code D009) And Spent Lead Acid Batteries, Exhibiting A Hazardous Waste Characteristic Of Toxicity For Lead And Corrosivity (Epa Waste Codes D008 And D002), Unless Managed Under The Universal Waste Regulations. The Wastes Are Generated At The Facility Warehouse Shop And Tanks Area. Warehouse Shop This Area Comprehends A Large Portion Of The Facility’S Site. It Is Where Trucks, Rvs And Engines Are Serviced And Maintained. In This Area The Inspector Observed: >Five And 15-Gallon Closed Metal Containers For Oily Rags Located Throughout The Shop Area. Oily Rags As Well As Oily Contaminated Uniforms Are Laundered By Cintas. >Three Open 55-Gallon Poly Drums, One For Used Oil Filters And The Other Two For Oily Absorbent Materials Over A Secondary Containment. Per 62-710.850(5)(A) Fac Used Oil Filter Containers Shall Be Kept Closed, The Facility Was Requested To Close The Used Oil Container As A Corrective Action. Next To The Drums There Was A Pail Used Oil Used For Used Oil Collection, Not Properly Labeled. Per 40 Cfr 279(C)(1) Used Oil Containers Shall Be Labeled As “Used Oil”., The Facility Was Requested To And To Label The Used Oil Pail As A Corrective Action. >One Three-Gallon Poly Container For Spent Aerosol Cans To Be Punctured. >One 55-Gallon Metal Drum Attached To A Can Pucturer System. This Drum Collects And Stores The Spent Aerosol Can Contents, Which According To The Facility Are Generated In Small Quantities And Are Disposed As Hazardous Waste. >One Closed Six-Gallon Poly Container For
12/02/2020 Issue Non-Compliance Letter Sent-12/02/2020 ; Submittal Received by Department-12/22/2020 ; Return to Compliance Letter Sent (RCL)-12/22/2020 ; Finished-06/11/2021
06/11/2021 Status Report Finished-06/11/2021
06/11/2021 Site Photos Finished-06/11/2021 Site Photos Were Directly Uploaded To Oculus.
06/11/2021 Submittal Received By Department Finished-06/11/2021
06/11/2021 Submittal Received By Department Finished-06/11/2021
05/23/2023 Site Inspection Routine; Used Oil Transporter On May 23, 2023 (05/23/2023), Jade Knight With The Florida Department Of Environmental Protection (Fdep) Conducted A Routine Inspection At Cummins Inc, Located At 3754 Interstate Park Way, West Palm Beach, Fl 33404. Cummins 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.). The Inspector Was Accompanied By Kaitlyn Taylor, Environmental Specialist Ii From The Fdep. The Inspectors Were Escorted Around The Facility By Philip Alcantara, General Manager. Upon Arrival At The Facility The Inspectors Presented Their Credentials And Explained The Purpose Of The Inspection. Cummins Occupies 17,000 Square Footage And Is Connected To The City’S Public Water And Sewer. Cummins Has Been Operating At Its Current Location Since 2013 And Employs 16 Staff. The Facility Operates Monday Through Friday From 7:30am To 5pm. Notification History: Cummins Initially Notified With The Department As A Very Small Quantity Generator (Vsqg) Of Hazardous Waste And Used Oil Transporter (Uot) On 03/10/2020. The Facility Was Assigned The Epa Identification (Epaid) Number Flr000233452. The Facility Most Recently Notified As A Vsqg Of Hazardous Waste, Used Oil Transporter & Transfer Facility, And Used Oil Filters Transport & Transfer Facility On 03/17/2023. Inspection History: The Facility Was Previously Inspected By The Department On 11/05/2020 As A Vsqg & Uot And Was Found To Be Out Of Compliance At The Time Of Inspection. The Violations At That Time Were No Uot Manifests [40cfr263.22(A)], Spent Batteries Stored Outside With No Covering [40cfr273.13(A)], Improperly Labeling Spent Lamps [40cfr273.14(E)], Drip Pans Not Labeled “Used Oil” [40cfr279.22(C)(1)], And Fleet Not Displaying Dot # Or Carrying Uot Notification [40cfr279.43(B)]. Steel-Toed Boots And Safety Glasses Were The Only Personal Protective Equipment (Ppe) Required To Enter The Facility. | Cummins Provides Services Of Maintenance And Repairs To Large Vehicles And Private Transformers On-Site And At The Clients’ Site. Additionally, It Sells Mechanical Parts And Services Large Industrial Engines. The Wastes Generate From These Processes Include But Are Not Limited To Used Oil, Used Oil Filters, Oily Water, And Oily Rags; Spent Solvents From Parts Washer; Spent Aerosol Can Contents, Exhibiting A Hazardous Waste Characteristic Of Ignitability (Epa Waste Code D001); And Spent Lead Acid Batteries, Exhibiting A Hazardous Waste Characteristic Of Toxicity For Lead And Corrosivity (Epa Waste Codes D008 And D002), Unless Managed Under The Universal Waste Regulations. The Wastes Are Generated At The Facility Warehouse Shop And Tanks Area. Warehouse Shop This Area Comprehends A Large Portion Of The Facility’S Site. It Is Where Trucks, Rvs And Engines Are Serviced And Maintained. In This Satellite Accumulation Area (Saa) The Inspector Observed The Following: - Two 55-Gallon Plastic Drums With The Following Labels “Absorbent Material Only” - One 55-Gallon Plastic Drum Labeled “Uncrushed Used Oil Filters Only” - One Empty 55-Gallon Metal Drum. - One 5-Gallon Closed Bucket Labeled “Used Batteries”. - Small Trash Bin Labeled “Recycle Spray Cans” And Was Empty At The Time Of The Inspection. - One Small Drip Pan For Coolant. Was Empty At The Time Of The Inspection. O All Containers Were On Secondary Containments, Which Were All Empty Of Used Oil Or Other Materials. O There Were Additional Product Buckets Sitting And Being Actively Used At The Time Of The Inspection On The Secondary Containment As Well. - One 5-Gallon Trash Bin Labeled “Oily Waste Cans” Filled With Oily Rags And One 3-Gallon Red Trash Bin With No Label. Compliance Assistance Was Provided On-Site And In The Exit Interview Suggesting To Place A New Label And If Facility Does So To Provide Photo Of Trash Bin With New Label. The
06/08/2023 Status Report Finished-06/08/2023
06/08/2023 Site Photos Received-05/23/2023 ; Generated-05/23/2023 ; Finished-06/08/2023 Site Photos Parts 1 & 2 Were Directly Uploaded To Oculus.
06/09/2023 Submittal Received By Department Finished-06/09/2023
06/16/2023 Informal Verbal Enforcement Return to Compliance Letter Sent (RCL)-06/15/2023 ; Finished-06/16/2023 ; Finished-06/16/2023

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) Reis_J 11/05/2020 12/22/2020 189365 11/05/2020 CONTAINERS AND ABOVEGROUND TANKS MUST BE CLEARLY MARKED USED OIL
2 XXS 62-710.850(5)(a) Reis_J 11/05/2020 12/22/2020 189365 11/05/2020 All persons storing used oil filters shall store used oil filters in above ground containers which are clearly labeled "Used Oil Filters," and which are in good condition (no severe rusting, apparent structural defects or deterioration) with no visib
3 XXS 62-710.500(1) Reis_J 11/05/2020 12/22/2020 189365 11/05/2020 The following persons shall annually register their used oil handling activities with the Department on DEP Form 62-710.901(1)(b), "8700-12FL - Florida Notification of Regulated Waste Activity," effective date April 23, 2013, which is hereby adopted
4 279.E 279.44(a) Reis_J 11/05/2020 12/22/2020 189365 11/05/2020 USED OIL TRANSPORTER MUST DETERMINE WHETHER TOTAL HALOGEN CONTENT OF USED OIL TRANSPORTED OR STORED IS ABOVE OR BELOW 1000 PPM
5 263.B 263.22(a) Reis_J 11/05/2020 12/22/2020 189365 11/05/2020 3-YEAR RECORD RETENTION
6 XXS 62-710.510(1) Reis_J 11/05/2020 12/22/2020 189365 11/05/2020 Each registered person shall maintain records on DEP Form 62-710.901(2), "Used Oil and Used Oil Filter Record Keeping Form, "effective date April 23, 2013, which is hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/referenc
7 279.E 279.43(b) Reis_J 11/05/2020 12/22/2020 189365 11/05/2020 Used oil transporters to comply w/ all applicable DOT regs in 49 CFR 171-180; if transporting used oil that meets def. of hazardous material in 49 CFR 171.8 comply w/ all appl. regs in 49 CFR 171-180.
8 273.B 273.13(a) Reis_J 11/05/2020 12/22/2020 189365 11/05/2020 SMALL QUANTITY HANDLERS OF UNIVERSAL WASTE MUST MANAGE WASTE BATTERIES TO PREVENT RELEASE
9 273.B 273.14(e) Reis_J 11/05/2020 12/22/2020 189365 11/05/2020 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)
10 XXS 62-710.500(4) Reis_J 11/05/2020 12/22/2020 189365 11/05/2020 Each registered person shall display the validated registration form and identification number in a prominent place at each facility location.
11 279.C 279.22(c)(1) Knight_Ja 05/23/2023 06/16/2023 195350 05/23/2023 CONTAINERS AND ABOVEGROUND TANKS MUST BE CLEARLY MARKED USED OIL
12 XXS 62-710.850(5)(a) Knight_Ja 05/23/2023 06/16/2023 195350 05/23/2023 All persons storing used oil filters shall store used oil filters in above ground containers which are clearly labeled "Used Oil Filters," and which are in good condition (no severe rusting, apparent structural defects or deterioration) with no visib
13 XXS 62-710.401(6) Knight_Ja 05/23/2023 06/16/2023 195350 05/23/2023 No person may store used oil in tanks or containers unless they are clearly labeled with the words "used oil" are in good condition (no severe rusting, apparent structural defects or deterioration), and not leaking (no visible leaks). If tanks or con