12/18/08 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $13,335, DUE WITHIN 30 DAYS. ALLEGATIONS AND DETERMINATIONS: EPA ALLEGES THAT RESPONDENT FAILED TO MAKE 10 HAZARDOUS WASTE DETERMINATIONS ON 10 DIFFERENT DRUMS OF SOLID WASTES. THEREFORE, EPA ALLEGES RESPONDENT VIOLATED SCHWMR R.61-79.262.11 (40 CFR 262.11). RESPONDENT HAS BEEN OPERATING AS AN INTERIM STATUS FACILITY. IN 2005, RESPONDENT APPLIED FOR A POST CLOSURE PERMIT FROM SCDHEC. DURING THE APPLICATION PROCESS, SCDHEC DETERMINED THAT RESPONDENT FAILED TO HAVE A STANDBY TRUST AGREEMENT TO ACCOMPANY THE LETTER OF CREDIT FOR THE TIME PERIOD OF OCT 29, 2006, THRU SEPT 17, 2007. THEREFORE, EPA ALLEGES RESPONDENT VIOLATED SCHWMR R.61-79.264.145(d)(3) (40 CFR 264.145(d)(3)) FOR A PERIOD OF 332 DAYS.