Delaware Hospital Cited for Multiple RCRA Violations

The Bullet:

A hospital in Dover, DE was cited for multiple violations of state regulations by the DNREC.

Who:

The DNREC enforces RCRA regulations in Delaware

Bayhealth Kent General Hospital. A Large Quantity Generator of hazardous waste and a Small Quantity Handler of Universal Waste.

Delaware Department of Natural Resources and Environmental Control (DNREC)

DNREC Contact: Ferree, Melissa A

DNREC Contact Phone: (302) 739-9403

What:

A generator of hazardous waste and a handler of universal waste is subject to regulations (based on the Resource Conservation and Recovery Act or RCRA) for the cradle to grave management of that waste.

Where:

Bayhealth Kent General Hospital is located at 640 South State Street Dover, DE 19901

When:

Date discovered: July 31, 2014

Enforcement Action served August 22, 2014

Why:

The hospital was cited for the following violations of state regulations based upon the Resource Conservation and Recovery Act (RCRA):

Containers of hazardous waste were not marked with accumulation start date.
A list of personnel names and job titles was not maintained as part of the Facility Personnel training records.
Copies of the Uniform Hazardous Waste Manifest for off-site shipments of hazardous waste were not maintained for the required three years.
Universal waste lamps were not contained in containers or packages that were structurally sound, adequate to prevent breakage, and compatible with the contents.
Hazardous waste storage areas were not inspected at least weekly, and a written record of the inspections were not maintained for at least 3 years.
Hazardous waste containers in a Satellite Accumulation Area were not marked either with the words “Hazardous Waste” or with the word “Waste” and a description to identify the contents of the container (e.g., Waste Acetone, Waste Solvent).
Containers of universal waste batteries were not labeled/marked properly to identify the contents.
A copy of all notices, certifications, waste analysis data and other documentation produced pursuant to the RCRA regulations were not retained on site for a minimum of three years.
The exception report was not submitted to the DNREC as required when a signed copy of the Uniform Hazardous Waste Manifest was not received by the generator within 45 days of it being shipped off-site.
Hazardous waste (not in a Satellite Accumulation Area) was accumulated on-site for more than 90 days. Accumulation of hazardous waste beyond 90 days requires a permit from DNREC.
Uniform Hazardous Waste Manifest was not prepared properly by the generator.
Written job description not maintained as part of the training records for each employee handling hazardous waste.
Waste containers and tanks were not labeled or clearly marked with the words “Hazardous Waste”.
Hazardous waste in a Satellite Accumulation Area was not maintained properly.
Containers of hazardous waste were not kept closed except for times when adding or removing waste.
Generator did not have a RCRA Contingency Plan.
Initial training not provided for all employees handling hazardous waste (ie. Facility Personnel).
Annual hazardous waste report not completed and submitted.
Hazardous waste determination not completed.
Arrangements and agreements with local authorities for emergency services were not made.
Hazardous waste generated on-site was offered for off-site transportation to transporters that had not received an EPA identification number and a Delaware hazardous waste transporter permit.
Hazardous waste generated on-site was transported for disposal to treatment, storage, or disposal facilities (TSDFs) that have not received an EPA identification number.

How:

As a state with an authorized hazardous waste program the DNREC is the lead agency for the enforcement of state environmental regulations in Delaware. Violations such as these can be discovered during periodic unannounced inspections of a hazardous waste generator.

The Delaware DNREC conducts unannounced RCRA inspections of regulated businesses

Conclusion:

A long list of violations – and an unspecified amount of fines – were assessed for what are – for the most part – relatively simple violations of the regulations. While only a few of the violations directly relate to the requirement to provide initial and annual training for all Facility Personnel, all of them are things that a generator of hazardous waste should know and are topics addressed in my Training Seminars. Further, my Onsite Training includes a site inspection and informal consultation that would have revealed these deficiencies before the training even took place. Consider a situation like this when you determine if Hazardous Waste Personnel Training costs too much.

Contact me for a free training consultation.

Contact me with any questions you may have about the transportation of hazardous materials

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

Parent Corporation of St. Vincent Hospital in Worcester, MA Fined by MassDEP for Hazardous Waste Management and Air Pollution Control Requirements

BOSTON – VHS Acquisition Subsidiary Number 7, Inc., the parent corporation that operates St. Vincent Hospital in Worcester has been assessed a $2,860 penalty by the Massachusetts Department of Environmental Protection (MassDEP) for violating Hazardous Waste Management and Air Pollution Control requirements. (Link to the news release on the MADEP website).

During a routine inspection of the hospital conducted by MassDEP personnel in December 2012, it was determined that the facility generated hazardous waste in excess of its registered status, failed to ensure all required information on hazardous waste manifests was correct and failed to submit an annual Source Registration form. In a negotiated consent order, the parent company, VHS Acquisition Subsidiary Number 7, Inc. of Tennessee, agreed to maintain facility compliance with applicable regulations and pay the $2,860 penalty.

“During the inspection when the violations were identified, the facility immediately took steps to ensure compliance with applicable regulations, including its handling of hazardous wastes,” said Lee Dillard Adams, director of MassDEP’s Central Regional Office in Worcester. “MassDEP appreciates these measures and anticipates this level of attention will lead to on-going compliance.”

An assessed penalty of this amount is not a significant burden to a company of this size. However, I am certain the that the hospital managers, not to mention the officers of the parent corporation, were not happy with the black eye it gives their facility. And yet, it all could have been avoided by some relatively simple actions. For example, a point I emphasize in my Training Seminars is to keep a close eye on your hazardous waste generation, I even provide a sample form to use when tracking your hazardous waste from cradle to grave.

Ensuring all the information is correct on the RCRA Manifest is important since a mistake here could lead to violations of USEPA regulations – in this case the regulations of the Massachusetts Department of Environment since MA has an authorized hazardous waste program – and those of the US Department of Transportation.

Both the USEPA – or an authorized state – and the USDOT require training of applicable personnel. It is your responsibility to identify those employees and ensure they are trained properly. Please contact me for a free consultation of your RCRA/Hazardous Waste and HazMat Employee training requirements.