reg onreg on Kate Brown, Governor December 7, 2017 CERTIFIED MAIL: 7016 2140 0000 2409 6356...

reg on Kate Brown, Governor

December 7, 2017

CERTIFIED MAIL: 7016 2140 0000 2409 6356

Specialized Pavement Marking, Inc. c/o Mark Price, Registered Agent 11095 SW Industrial Way, Ste. A Tualatin, OR 97062

Re: Notice of Civil Penalty Assessment and Order Case No. LQ/HW-NWR-2017-129

Department of Environmental Quality Office of Compliance and Enforcement

700 NE Multnomah Street, Suite 600 Portland, OR 97232-4100

(503) 229-5696 FAX (503) 229-5100

TTY 711

This letter is to inform you that the Oregon Department of Environmental Quality (DEQ) has issued Specialized Pavement Marking, Inc. (SPM) a civil penalty of$7,400 for violations of hazardous waste storage, labeling, and management laws at SPM's facility located at 11095 SW Industrial Way, Ste. A in Tualatin, Oregon. Specifically, SPM has been assessed a penalty for storing hazardous waste without a permit, failing to label hazardous waste containers with an accumulation start date and the words "Hazardous Waste," and for failing to store hazardous waste in closed containers. In addition, DEQ has cited SPM, without civil penalty, for failing to properly equip the Facility with spill control equipment, failing to perfmm weekly inspections, and failing to properly manage universal waste.

DEQ issued this penalty because SPM was cited and penalized for similar hazardous waste management violations in 2006 and 2013, and because properly managing hazardous waste is crucial to protecting public health and the environment.

DEQ appreciates SPM's efforts to correct the violations by properly managing its hazardous waste after DEQ's inspections. DEQ considered these efforts when determining the amount of civil penalty.

If SPM wishes to appeal this matter, DEQ must receive a request for a hearing within 20 calendar days from the receipt of this letter. The hearing request must be in writing. Send the request to DEQ Office of Compliance and Enforcement:

Via mail - 700 NE Multnomah Street, Suite 600, Pmiland, Oregon 97232 Via email - [email protected] Via fax - 503-229-5100

Once DEQ receives the request, the agency will arrange to meet to discuss this matter. IfDEQ does not receive a timely written hearing request, the penalty will become due. Alternatively, SPM can pay the penalty by sending a check or money order to the above address.

The attached Notice futiher details DEQ's reasons for issuing the penalty and provides futiher instructions for appealing the penalty. Please review and refer to it when discussing this case with DEQ.

DEQ may allow you to resolve part of the penalty through the completion of a Supplemental Environmental Project (SEP). SEPs are environmental improvement projects that SPM may sponsor

Specialized Pavement Marking, Inc. Case No. LQ/HW-NWR-2017-129

instead of paying a penalty. Further infmmation is available by calling the number below or at http :I lwww. oregon. gov I deq/regulations/pages/sep. aspx

DEQ's rules are available at http://www.oregon.gov/deq/Regulations/Pages/administrative-rules.aspx or by calling the number below.

If you have any questions, please contact Kieran O'Donnell at 503-229-5012 or toll free in Oregon at 800-452-4011, extension 5012.

Sincerely,

Sarah G. Wheeler, Acting Manager Office of Compliance and Enforcement

Enclosures

cc: Killian Condon, NWR, DEQ Audrey O'Brien, NWR, DEQ Shaumae Hall, Accounting, DEQ

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BEFORE THE ENVIRONMENTAL QUALITY COMMISSION

OF THE STATE OF OREGON

INTHEMATTEROF: ) SPECIALIZED PAVEMENT MARKING, ) INC. )

Respondent. )

NOTICE OF CIVIL PENALTY ASSESSEMNT AND ORDER

CASE NO. LQ/HW-NWR-2017-129

6 I. AUTHORITY

7 The Department of Environmental Quality (DEQ) issues this Notice of Civil Penalty Assessment

8 and Order (Notice) pursuant to Oregon Revised Statutes (ORS) 468.100, ORS 468.126 tlu·ough 468.140,

9 ORS 466.990, ORS Chapter 183 and Oregon Administrative Rules (OAR) Chapter 340, Divisions 011,

10 012, and 102.

11 II. FINDINGS OF FACT

12 1. Respondent owns and operates a road marking business with a facility located at 11095 SW

13 Industrial Way, Ste. A, in Tualatin, Oregon (the Facility).

14 2. At all relevant times, Respondent registered with DEQ as a small quantity generator of

15 hazardous waste at the Facility, reporting that Respondent generated more than 220 pounds and less

16 than 2,200 pounds of hazardous waste at the Facility on a monthly basis.

17 3. At all relevant times, Respondent has not held a petmit to treat or store hazardous waste at

18 the Facility.

19 4. The Facility is comprised of two buildings, a Southern Building and a Nmthern Building.

20 5. On September 29,2016, DEQ performed an inspection of the Facility's Northern Building.

21 During the September 29, 2016 inspection:

22 a. Respondent left the can puncturing device affixed to the top of a 55-gallon drum

23 containing ignitable liquid waste (DOOI pursuant to 40 CFR § 261.21) in the open position while it was

24 not in use; and

25 b. In the hazardous waste storage area, Respondent stored 15 five-gallon containers

26 of paint and toluene solvent mix (F005 pursuant to 40 CFR § 261.31) without lids, without labels

27 identifying an accumulation start date, and without labels with the words "Hazardous Waste."

NOTICE OF CIVIL PENALTY ASSESSMENT AND ORDER CASE NO. LQ/HW-NWR-2017-129 Page 1 of5

I 6. On October 5, 2016, DEQ performed an inspection of the Facility's N01ihem Building and

2 Southern Building. During the October 5, 2016 inspection:

3 a. Respondent stored three 55-gallon drums containing waste including spent

4 toluene solvent (F005 pursuant to 40 CFR § 261.31) labeled as "Hazardous Waste," and "Paint &

5 MMA sludge/still bottoms," with the following accumulation start dates: March I, 2015; January

6 2015/2016; and November 15, 2015;

7 b. Respondent accumulated both non-punctured aerosol cans containing pressurized

8 ignitable acetone solvents with a flashpoint of -18 degrees Celsius (DOOI 40 CFR § 261.21) in a 55-

9 gallon container at the point of generation without the words "Hazardous Waste;"

10 c. Respondent's spill kit, adjacent to the hazardous waste storage area, was empty

II except for a de minimis amount of spill absorbent material; and

12 d. Respondent stored four mercury containing waste tubes against the exterior wall

13 of Facility. The tubes were not stored in boxes or otherwise contained.

14 7. Between September 16,2016, and October 5, 2016, Respondent did not inspect its

15 hazardous waste storage area.

16 III. CONCLUSIONS

17 I. Respondent has violated ORS 466.095(1)(a) and 40 CFR § 262.34(d), adopted pursuant to

18 OAR 340-100-0002(1), by storing hazardous waste at the Facility without a permit for more than 180

19 days, as described in Section II above. Specifically, as described in paragraph 6.a of Section II, on

20 October 5, 2016, Respondent stored three 55-gallon containers of hazardous waste with the following

21 accumulation stmi dates, each exceeding the 180 day period: March I, 2015; January 2015/2016; and

22 November 15,2015. These are Class II violations, according to OAR 340-012-0068(2)(d). DEQ

23 assesses a $2,000 civil penalty for these violations.

24 2. Respondent has violated 40 CFR § 262.34(d)(2) as it references and 40 CFR § 265.173(a),

25 both adopted pursuant to OAR 340-1 00-0002(1 ), by failing to store hazardous waste in closed

26 containers, as described in Section II above. Specifically, as described in paragraph 5 of Section II,

27 Respondent failed to keep closed 15 five-gallon containers ofF005 hazardous waste and one 55-gallon


I drum of DOO I hazardous waste with a can popping device on top of it. These are Class II violations

2 pursuant to OAR 340-0 12-0068(2)(m). DEQ assesses a $1,800 civil penalty for these violations.

3 3. Respondent has violated 40 CFR § 262.34(d)(4) and 40 CFR § 262.34(a)(2), both adopted

4 pursuant to OAR 340-100-0002(1), by failing to mark containers of hazardous waste with the dates

5 when accumulation in the containers began, as described in Section II above. Specifically, as described

6 in paragraph 5.b of Section II, Respondent failed to mark with an accumulation start date 15 five-gallon

7 containers of F005 hazardous waste. These are Class II violations, according to OAR 340-012-

8 0068(2)(a). DEQ hereby assesses a $1,800 civil penalty for these violations.

9 4. Respondent has violated 40 CFR § 262.34(d)(4) and 40 CFR 262.34(a)(3), both adopted

I 0 pursuant to OAR 340-1 00-0002(1 ), by failing to clearly mark containers storing hazardous waste with

II the words "Hazardous Waste," as described in Section II above. Specifically, Respondent accumulated

12 non-punctured aerosol cans with hazardous waste codes DOO I in a 55-gallon container without labeling

13 the container with the words "Hazardous Waste." In addition, Respondent accumulated F005 hazardous

14 waste in 15 five-gallon containers without labeling the containers with the words "Hazardous Waste."

15 These are Class II violations, according to OAR 340-012-0068(2)(b). DEQ hereby assesses a $1,800

16 civil penalty for these violations.

17 5. Respondent has violated 40 CFR § 265.32(c) adopted pursuant to OAR 340-100-0002(1), by

18 failing to properly equip the Facility with spill control equipment, as described in Section II above.

19 Specifically, the Facility's spill kit was empty except for a de minimis amount of spill absorbent

20 material. This is a Class II violation, according to OAR 340-012-0068(2)(k). DEQ has not assessed a

21 civil penalty for this violation.

22 6. Respondent has violated 40 CFR § 256.174 adopted pursuant to OAR 340-1 00-0002(1 ), by

23 failing to perform weekly inspections of the hazardous waste storage area, as described in Section II

24 above. Specifically, Respondent failed to perform any inspections of the hazardous waste storage area

25 between September 16, 2016, and October 5, 2016. These are Class II violations, according to OAR

26 340-0 12-0068(2)(h). DEQ has not assessed a civil penalty for these violations.

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I 7. Respondent has violated 40 CFR § 273.13(c) and 40 CFR § 273.14(c), both adopted

2 pursuant to OAR 340-100-0002(1), by failing to properly store and label mercury containing universal

3 waste, as described in Section II above. Specifically, Respondent stored four mercury containing waste

4 tubes without a container on the outside of the Facility. This is a Class II violation, according to OAR

5 340-012-0068(2)(p). DEQ has not assessed a civil penalty for this violation.

6 IV. ORDER TO PAY CIVIL PENALTY

7 Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS, Respondent is

8 hereby ORDERED TO:

9 Pay a total civil penalty of$7,400. The determination of the civil penalties is attached as Exhibit

10 Nos. I through 4 which are incorporated as part of this Notice.

II If you do not file a request for hearing as set forth in Section V below, your check or money order

12 must be made payable to "State Treasurer, State of Oregon" and sent to the DEQ, Business Office,

13 700 NE Multnomah Street, Suite 600, Portland, Oregon 97232. Once you pay the penalty, the

14 Findings of Fact, Conclusions and Order become final.

15 V. NOTICE OF RIGHT TO REQUEST A CONTESTED CASE HEARING

16 You have a right to a contested case hearing on this Notice, if you request one in writing. DEQ

17 must receive your request for hearing within 20 calendar days from the date you receive this Notice. If

18 you have any affirmative defenses or wish to dispute any allegations of fact in this Notice or attached

19 exhibits, you must do so in your request for hearing, as factual matters not denied will be considered

20 admitted, and failure to raise a defense will be a waiver of the defense. (See OAR 340-011-0530 for

21 further information about requests for hearing.) You must send your request to: DEQ, Office of

22 Compliance and Enforcement, 700 NE Multnomah Street, Suite 600, Portland, Oregon 97232, fax

23 it to 503-229-5100, or email it to [email protected]. An administrative law judge

24 employed by the Office of Administrative Hearings will conduct the hearing, according to ORS

25 Chapter 183, OAR Chapter 340, Division 011 and OAR 137-003-0501 to 0700. You have a right to be

26 represented by an attorney at the hearing, however you are not required to be. If you are an individual,

27 you may represent yourself. If you are a corporation, partnership, limited liability company,

NOTICE OF CIVIL PENALTY ASSESSMENT AND ORDER CASE NO. LQ/HW-NWR-20I7-129 Page4of5

unincorporated association, trust or government body, you must be represented by an attorney or a duly

2 authorized representative, as set forth in OAR 137-003-0555.

3 Active duty service-members have a right to stay proceedings under the federal Service

4 Members Civil Relief Act. For more infmmation, please call the Oregon State Bar at 1-800-

5 452-8260 or the Oregon Military Department at 1-800-452-7500. Additional information can be found

6 online at the United States Armed Forces Legal Assistance (AFLA) Legal Services Locator website

7 http:/ /legalassistance.la w .af.mil/ content/locator. php.

8 If you fail to file a timely request for hearing, the Notice will become a final order by default

9 without further action by DEQ, as per OAR 340-011-0535(1). If you do request a hearing but later

10 withdraw your request, fail to attend the hearing or notify DEQ that you will not be attending the

11 hearing, DEQ will issue a final order by default pursuant to OAR 340-01 1-0535(3). DEQ designates

12 the relevant portions of its files, including information submitted by you, as the record for purposes of

13 proving a prima facie case.

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Date Sarah G. Wheeler, Acting Manager Office of Compliance and Enforcement

NOTICE OF CIVIL PENALTY ASSESSMENT AND ORDER CASE NO. LQ/HW-NWR-20 17-129 Page 5 of5

EXHIBIT NO. 1

FINDlNGS AND DETERMINATION OF RESPONDENT'S CIVIL PENALTY PURSUANT TO OREGON ADMlNISTRATIVE RULE (OAR) 340-012-0045

VIOLATION NO.1:

CLASSIFICATION:

MAGNITUDE:

Storing hazardous waste at a Facility without a permit for more than 180 days, in violation ofORS 466.095(l)(a) and 40 CFR § 262.34( d) adopted pursuant to OAR 340-1 00-0002(1 ).

These are Class II violations pursuant to OAR 340-012-0068(2)(d).

The magnitude of the violations are minor pursuant to OAR 340-012-0135(4)(c)(C)(i) because the violations involved less than 250 gallons of hazardous waste. The violations involved approximately three 55-gallon containers of hazardous waste.

CIVIL PENALTY FORMULA: The formula for determining the amount of penalty of each violation is: BP + [(0.1 x BP) x (P + H + 0 + M +C)]+ EB

"BP" is the base penalty, which is $1,000 for a Class II, minor magnitude violation in the matrix listed in OAR 340-012-0 140(3 )(b )(B)(iii) and applicable pursuant to OAR 340-012-0140 (3)(a)(J) because Respondent is a small quantity generator of hazardous waste.

"P" is whether Respondent has any prior significant actions, as defined in OAR 340-012-0030(19), in the same media as the violation at issue that occurred at a facility owned or operated by the same Respondent, and receives a value of five (5) according to OAR 340-012-0145(2)(a)(C) and (D) and (d)(A)(i), because Respondent has four Class I violations and four Class II violations in Case No. LQ/HW-NWR-13-056, which is an FEA cited more than tln·ee years before the date the cunent violations occuned.

"H" is Respondent's history of conecting prior significant actions, and receives a value of -I according to OAR 340-012-0145(3)(b) because the violations were uncon·ectable and Respondent took reasonable efforts to minimize the effects of the violations cited as prior significant actions.

"0" is whether the violation was repeated or ongoing, and receives a value of 4 according to OAR 340-012-0145(4)(d) because there were more than 28 occunences of the violation. Each day of violation constitutes a separate occunence. Respondent stored hazardous waste at the Facility from at least March 1, 2015, to October 5, 2016, approximately 404 days beyond the allowable 180 days. Therefore there were more than 28 occurrences.

"M" is the mental state of the Respondent, and receives a value of 4 according to OAR 340-012-0145(5)(c) because Respondent's conduct was negligent. Respondent was cited and penalized for several similar hazardous waste management violations in Case No. LQ/HWNWR -13-056. Therefore, Respondent failed to take reasonable care to avoid a foreseeable

Case No. LQ/HW-NWR-2017-129 Exhibit No. I Page I

risk that its storage of hazardous waste without a pe1mit for more than 180 days would result in a violation.

"C" is Respondent's effmts to conect or mitigate the violation, and receives a value of -2 according to OAR 340-012-0145(6)(d) because Respondent eventually made some efforts to correct the violation. On October 14,2016, Respondent shipped the hazardous waste on a hazardous waste manifest.

"EB" is the approximate dollar value of the benefit gained and the costs avoided or delayed as a result of the Respondent's noncompliance. It is designed to "level the playing field" by taking away any economic advantage the entity gained and to deter potential violators fi·om deciding it is cheaper to violate and pay the penalty than to pay the costs of compliance. In this case, "EB" receives a value of$0 because the economic benefit of the violations was likely de minimis.

PENALTY CALCULATION: Penalty= BP + [(0.1 x BP) x (P + H + 0 + M +C)]+ EB = $1,000 + [(0.1 X $1,000) X (5 + -1 + 4 + 4 + -2)] + $0 = $1,000 + ($100 X 10) + $0 = $1,000 + $1,000 + $0 = $2,000

Case No. LQ/HW-NWR-2017-129 Exhibit No. 1 Page2

EXHIBIT NO. 2

FINDINGS AND DETERMINATION OF RESPONDENT'S CIVIL PENALTY PURSUANT TO OREGON ADMINISTRATIVE RULE (OAR) 340-012-0045

VIOLATION NO.2:

CLASSIFICATION:

MAGNITUDE:

Failing to store hazardous waste in closed containers, in violation of 40 CFR § 262.34(d)(2) as it references and 40 CFR § 265.173(a), both adopted pursuant to OAR 340-1 00-0002(1 ).

These are Class II violations pursuant to OAR 340-012-0068(2)(m).

The magnitude of the violations are minor pursuant to OAR 340-012-0135(4)(c)(C)(i) because the violations involved less than 250 gallons of hazardous waste. The violations involved approximately 15 five-gallon containers and one 55-gallon container of hazardous waste.


"BP" is the base penalty, which is $1,000 for a Class II, minor magnitude violation in the matrix listed in OAR 340-012-0140(3)(b )(B)(iii) and applicable pursuant to OAR 340-012-0140 (3)(a)(J) because Respondent is a small quantity generator of hazardous waste.

"P" is whether Respondent has any prior significant actions, as defmed in OAR 340-012-0030(19), in the same media as the violation at issue that occmTed at a facility owned or operated by the same Respondent, and receives a value of five (5) according to OAR 340-012-0145(2)(a)(C) and (D) and (d)(A)(i), because Respondent has four Class I violations and four Class II violations in Case No. LQ/HW-NWR-13-056, which is an FEA cited more than tln·ee years ago.

"H" is Respondent's history of coiTecting prior significant actions, and receives a value of -I according to OAR 340-012-0 145(3 )(b) because the violations were uncoiTectable and Respondent took reasonable effmis to minimize the effects ofthe violations cited as prior significant actions.

"0" is whether the violation was repeated or ongoing, and receives a value of3 according to OAR 340-012-0145(4)(c) because there were more than seven but less than 28 occUITences of the violation. Each container and each day of violation constitutes a separate occuiTence. Respondent stored 16 open containers on at least one day, September 29,2016. Therefore there were at least 16 occUITences of the violation.

"M" is the mental state of the Respondent, and receives a value of 4 according to OAR 340-012-0145(5)(c) because Respondent's conduct was negligent. Respondent was cited and penalized for several similar hazardous waste management violations in Case No. LQ/HWNWR-13-056. Therefore, Respondent failed to take reasonable care to avoid a foreseeable

Case No. LQ/HW-NWR-2017-129 Exhibit No. 2 Page I

risk that its failure to keep all containers of hazardous waste closed when they were not in use would result in a violation.

"C" is Respondent's efforts to conect or mitigate the violation, and receives a value of -3 according to OAR 340-012-0145(6)(c) because Respondent made reasonable efforts to correct the violation. Respondent corrected the violation by the time of the October 5, 2016, follow-up inspection.

"EB" is the approximate dollar value of the benefit gained and the costs avoided or delayed as a result of the Respondent's noncompliance. It is designed to "level the playing field" by taking away any economic advantage the entity gained and to deter potential violators from deciding it is cheaper to violate and pay the penalty than to pay the costs of compliance. In this case, "EB" receives a value of$0 because the economic benefit of the violations was likely de minimis.

PENALTY CALCULATION: Penalty= BP + [(0.1 x BP) x (P + H + 0 + M +C)]+ EB = $1,000 + [(0.1 X $1,000) X (5 + -1 + 3 + 4 + -3)] + $0 = $1,000 + ($100 X 8) + $0 = $1,000 + $800 + $0 = $1,800


EXHIBIT NO. 3


VIOLATION NO.3:

CLASSIFICATION:

MAGNITUDE:

Failing to mark containers of hazardous waste with the dates when accumulation in the containers began, in violation of 40 CFR § 262.34(d)(4) and 40 CFR § 262.34(a)(2), both adopted pursuant to OAR 340-1 00-0002(1 ).

These are Class II violations pursuant to OAR 340-012-0068(2)(a).

The magnitude of the violations are minor pursuant to OAR 340-012-0135(4)(c)(C)(i) because the violations involved less than 250 gallons of hazardous waste. The violations involved approximately 15 five-gallon containers of hazardous waste.


"BP" is the base penalty, which is $1,000 for a Class II, minor magnitude violation in the matrix listed in OAR 340-012-0 140(3)(b )(B)(iii) and applicable pursuant to OAR 340-012-0140 (3)(a)(J) because Respondent is a small quantity generator of hazardous waste.

"P" is whether Respondent has any prior significant actions, as defmed in OAR 340-012-0030(19), in the same media as the violation at issue that occmTed at a facility owned or operated by the same Respondent, and receives a value of five (5) according to OAR 340-012-0145(2)(a)(C) and (D) and (d)(A)(i), because Respondent has four Class I violations and four Class II violations in Case No. LQ/HW-NWR-13-056, which is anFEA cited more than three years ago.

"H" is Respondent's history of couecting prior significant actions, and receives a value of -1 according to OAR 340-012-0145(3)(b) because the violations were uncouectable and Respondent took reasonable efforts to minimize the effects of the violations cited as prior significant actions.

"0" is whether the violation was repeated or ongoing, and receives a value of3 according to OAR 340-012-0145(4)(c) because there were more than seven but less than 28 occuuences of the violation. Each container and each day of violation constitutes a separate occurrence. Respondent stored 15 containers without labeling them with an accumulation start date on at least one day, September 29,2016. Therefore there were at least 15 occmTences of the violation.

"M" is the mental state ofthe Respondent, and receives a value of 4 according to OAR 340-012-0145(5)(c) because Respondent's conduct was negligent. Respondent was cited and penalized for several similar hazardous waste management violations in Case No. LQ/HW-


NWR-13-056. Therefore, Respondent failed to take reasonable care to avoid a foreseeable risk that its failure to label hazardous waste containers with an accwnulation start date would result in a violation.

"C" is Respondent's effmts to conect or mitigate the violation, and receives a value of -3 according to OAR 340-012-0145(6)(c) because Respondent made reasonable effo1ts to correct the violation. Respondent conected the violation by the time of the October 5, 2016, follow-up inspection.

"EB" is the approximate dollar value of the benefit gained and the costs avoided or delayed as a result of the Respondent's noncompliance. It is designed to "level the playing field" by taking away any economic advantage the entity gained and to deter potential violators from deciding it is cheaper to violate and pay. the penalty than to pay the costs of compliance. In tlus case, "EB" receives a value of $0 because the economic benefit of the violations was likely de minimis.

PENALTY CALCULATION: Penalty= BP + [(0.1 x BP) x (P + H + 0 + M +C)]+ EB =$1,000+ [(0.1 x$l,OOO)x(5 +-1 +3 +4+-3)] +$0 = $1,000 + ($100 X 8) + $0 = $1,000 + $800 + $0 = $1,800


EXHIBIT NO. 4


VIOLATION NO.4:

CLASSIFICATION:

MAGNITUDE:

Failing to clearly mark containers storing hazardous waste with the words "Hazardous Waste," in violation of 40 CFR § 262.34(d)(4) and 40 CFR 262.34(a)(3), both adopted pursuant to OAR 340-100-0002(1).

These are Class II violations pursuant to OAR 340-012-0068(2)(b).

The magnitude of the violations are minor pursuant to OAR 340-012-0135(4)(c)(C)(i) because the violations involved less than 250 gallons of hazardous waste. The violations involved approximately 15 five-gallon containers and one 55-gallon container of hazardous waste.

CIVIL PENALTY FORMULA: The fotmula for determining the amount of penalty of each violation is: BP + [(0.1 x BP) x (P + H + 0 + M +C)]+ EB

"BP" is the base penalty, which is $1,000 for a Class II, minor magnitude violation in the matrix listed in OAR 340-012-0 140(3)(b )(B)(iii) and applicable pursuant to OAR 340-012-0140 (3)(a)(J) because Respondent is a small quantity generator of hazardous waste.

"P" is whether Respondent has any prior significant actions, as defmed in OAR 340-012-0030(19), in the same media as the violation at issue that occurred at a facility owned or operated by the same Respondent, and receives a value of five (5) according to OAR 340-012-0145(2)(a)(C) and (D) and (d)(A)(i), because Respondent has four Class I violations and four Class II violations in Case No. LQ/HW-NWR-13-056, which is an FEA cited more than three years ago.

"H" is Respondent's history of conecting prior significant actions, and receives a value of -1 according to OAR 340-012-0145(3)(b) because the violations were unconectable and Respondent took reasonable efforts to minimize the effects of the violations cited as prior significant actions.

"0" is whether the violation was repeated or ongoing, and receives a value of 3 according to OAR 340-012-0145(4)(c) because there were more than seven but less than 28 occUtTences of the violation. Each container and each day of violation constitutes a separate occunence. Respondent failed to clearly mark 16 containers storing hazardous waste with the words "Hazardous Waste," on at least one day, September 29,2016. Therefore there were at least 16 occunences of the violation.

"M" is the mental state of the Respondent, and receives a value of 4 according to OAR 340-012-0145(5)(c) because Respondent's conduct was negligent. Respondent was cited for several


similar hazardous waste management violations in Case No. LQ/HW-NWR-13-056. Therefore, Respondent failed to take reasonable care to avoid a foreseeable risk that its failure to label hazardous waste containers with the words "Hazardous Waste," would result in a violation.

"C" is Respondent's efforts to correct or mitigate the violation, and receives a value of -3 according to OAR 340-012-0145(6)(c) because Respondent made reasonable efforts to cmTect the violation. Respondent corrected the violation by the time of the October 5, 2016, follow-up inspection.

"EB" is the approximate dollar value of the benefit gained and the costs avoided or delayed as a result of the Respondent's noncompliance. It is designed to "level the playing field" by taking away any economic advantage the entity gained and to deter potential violators from deciding it is cheaper to violate and pay the penalty than to pay the costs of compliance. In this case, "EB" receives a value of$0 because the economic benefit of the violations was likely de minimis.

PENALTY CALCULATION: Penalty= BP + [(0.1 x BP) x (P + H + 0 + M +C)]+ EB = $1,000 + [(0.1 X $1,000) X (5 + -1 + 3 + 4 + -3)] + $0 = $1,000 + ($100 X 8) + $0 = $1,000 + $800 + $0 = $1,800


reg onreg on Kate Brown, Governor December 7, 2017 CERTIFIED MAIL: 7016 2140 0000 2409 6356...

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Transcript of reg onreg on Kate Brown, Governor December 7, 2017 CERTIFIED MAIL: 7016 2140 0000 2409 6356...