7/27/10 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $84,600, DUE WITHIN 30 DAYS.
ON JULY 15-16, 2008, EPA AND NCDENR CONDUCTED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) AT RESPONDENT'S FACILITY.
AT THE TIME OF THE CEI, EPA OBSERVED WASTE PAINT RELATED ITEMS NEAR THE COOLING TOWERS LEFT BY CONTRACTORS WHO HAD BEEN CONDUCTING PAINT MAINTENANCE. HOWEVER, RESPONDENT HAD NOT MADE A HAZARDOUS WASTE DETERMINATION ON THE WASTE PAINT AND WASTE PAINT RELATED ITEMS. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED 40 CFR 262.11 AND N.C. ADMIN. CODE TIT 15A r. 13A.01017(a).
RESPONDENT HAD BEEN STORING 30 CONTAINERS, RANGING IN SIZE BETWEEN 20 AND 30 GALLONS, THAT HAD PREVIOUSLY HELD VANADIUM PENTOXIDE, AN ACUTE HAZARDOUS WASTE, BUT WHICH WERE NOT EMPTY PURSUANT TO 40 CFR 261.7(b)(3)(iii) AND N.C. ADMIN. CODE TIT 15A r. 13A.0106(a), BECAUSE THE CONTAINERS' INNER LINERS HAD NOT BEEN REMOVED.
THE 30 CONTAINERS DISCUSSED ABOVE WERE NOT LABELED WITH (1) THE BEGINNING DATE OF ACCUMULATION; OR (2) THE WORDS HAZARDOUS WASTE. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED RCRA SEC 3005 AND N.C. GEN STATE 130A-294 FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(a)(2)-(3) AND N.C. ADMIN CODE TIT 15A r. 13A.0107(c) CONDITIONS OF THE 40 CFR 262.34(a) PERMIT EXEMPTION.
RESPONDENT DID NOT HAVE RECORDS SHOWING THAT IT HAD ATTEMPTED TO MAKE ARRANGEMENTS FOR EMERGENCY SITUATIONS WITH THE LOCAL AUTHORITIES. EPA THEREFO