7/27/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $9,000 DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON FEB 3, 2009, EPA AND TDEC CONDUCTED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF RESPONDENT'S FACILITY.
RESPONDENT WAS STORING HAZ WASTE IN 4 CONTAINERS THAT WERE INCORRECTLY LABELED DUE TO HUMAN ERROR WITH THE BEGINNING DATE OF ACCUMULATION. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED RCRA 3005 AND TENN CODE ANN 68-212-105(4) FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(a)(2) AND TENN CODE R. & REGS 1200-1-11-.03(4)(e)2(ii) CONDITION OF THE 40 CFR 262.34(a) PERMIT EXEMPTION.
RESPONDENT WAS STORING UNIVERSAL WASTE (FLUORESCENT LIGHT BULBS) IN SIX OPEN CONTAINERS, AND WAS THEREFORE NOT MANAGING THE UNIVERSAL WASTE LAMPS IN A WAY THAT PREVENTED RELEASES TO THE ENVIRONMENT. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED 40 CFR 273.13(d)(1) AND TENN COMP R. & REGS 1200-1-11-.12(2)(d)4(i)(1).
RESPONDENT DID NOT HAVE AN UPDATED CONTINGENCY PLAN AT THE FACILITY. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED RCRA 3005 AND TENN CODE ANN 68-212-105(4) FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(a)(4) AND TENN COMP R & REGS 1200-01-11-.03(4)(e)2(iv) CONDITION OF THE 40 CFR 262.34(a) PERMIT EXEMPTION BY NOT COMPLYING WITH 40 CFR 265.54(c) AND TENN COMP R & REGS 1200.01-11-.05(4)(e)3.
RESPONDENT DID NOT HAV