1/17/06 - NOTICE OF DETERMINATION ISSUED.
FINDINGS OF FACT: IN ITS DISCLOSURE TO EPA DATED JANUARY 23, 2004, EARTH TECH DISCLOSEDT THAT IT MAY HAVE VIOLATED TSCA REQUIREMENTS FOR THE DISPOSAL OF PCB BULK PRODUCT WASTE FOUND AT 40 CFR 761.62 IN CONNECTION WITH WORK IT WAS DOING AT THE SRS FACILITY. THE COMPANY DISPOSED OF TWO 4' x 6' WALL PANELS THAT WERE PAINTED WITH A PAINT THAT CONTAINED PCBs AT APPROXIMATELY 55 PPM. PURSUANT TO 40 CFR 761.62(b)(4)(i), ANY PERSON DISPOSING OFF-SITE OF PCB BULK PRODUCT WASTE AT A WASTE MANAGEMENT FACILITY NOT HAVING A COOMMERCIAL SOTRAGE OR DISPOSAL APPROVAL MUST PROVIDE WRITTEN NOTICE TO THE FACILITY A MINIMUM OF 15 DAYS IN ADVANCE OF THE FIRST SHIPMENT FROM THE SAME DISPOSAL WASTE STREAM. EARTH TECH DID NOT PROVDIE THAT NOTICE AND THEREBY VIOLATED 40 CR 761.62(b)(4)(i). EARTH TECH REPORTED THAT THE VIOLATION WAS DISCOVERED IN THE COURSE OF A VOLUNTARY, SYSTEMIC AND OBJECTIVE ENVIRONMENTAL AUDIT. THE AUDIT WAS CONDUCTED BY THE COMPANY.