THE SETTLEMENT IS BEING DOCUMENTED BY MEANS OF A SUPER-CAFO. THE CLAIMS AT ISSUE INVOLVE:
1. NPDES PERMIT EXCEEDANCES: 35 SEPARATE INSTANCES OF PERMIT EXCEEDANCES, SEVERAL INSTANCES OF FAILING TO MONITOR FLOW, AND FAILING TO UPDATE THE BEST MANAGEMENT PRACTICES PLAN;
2. VIOLATIONS OF THE HAZARDOUS ORGANIC NESHAP: PROCESS VENT BYPASSES AND ASSOCIATED RECORD KEEPING VIOLATIONS, SSM VIOLATIONS AND ASSOCIATED RECORD KEEPING;
3. VIOLATIONS OF RCRA GENRATOR REQUIREMENTS AND VIOLATIONS OF THE FACILITY'S RCRA PERMIT FOR TSD PORTION OF SITE; FAILURE TO LABEL, OPEN CONTAINER, LDR VIOLATIONS, FAILURE TO MAKE WASTE DETERMINATION, USED OIL VIOLATIONS;
4. VIOLATIONS OF REPORTING REQUIREMENTS UNDER CERCLA 103 AND EPCRA 304 AND 313: BOTH EMERGENCY NOTIFICATION AND TRI REPORTING.