9/1/10 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $20,550, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON JUNE 3, 2009, EPA AND NCDENR CONDUCTED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF RESPONDENT'S FACILITY.
AT THE TIME OF THE CEI, RESPONDENT FAILED TO DETERMINE IF SPENT SOLVENT CONTAMINATED RAGS WERE LISTED HAZ WASTE PURSUANT TO SUBPART D OF 40 CFR PART 261 AND 15A NC ADMIN CODE 13A.0106(d). THESE WASTE RAGS, USED IN THE AUTO SVCS DEPT, CONTAINED SPENT SOLVENTS THAT WOULD BE F-LISTED IN ADDITION TO HAVING A CHARACTERISTIC OF IGNITABILITY (D001). EPA ALLEGES RESPONDENT VIOLATED 40 CFR 262.11 AND 15A N.C. ADMIN CODE 13A.0107(a).
ON JUNE 29, 2009, RESPONDENT FAILED TO LIST ALL APPLICABLE WASTE CODES FOR WASTE STREAM RQ WASTE FLAMMABLE SOLIDS, ON MANIFEST #912274, LINE #1. THIS WASTE STREAM CONSISTED OF SPENT SOLVENT RAGS FROM THE FACILITY'S AUTO SVCS DEPT AND THE MANIFEST SHOULD HAVE LISTED WASTE CODES F002, F005 AND D001. EPA ALLEGES RESPONDENT VIOLATED 40 CFR 262.20(a)(1) AND 15A N.C. ADMIN CODE 13A.0107(b).
RESPONDENT FAILED TO KEEP CONTAINERS OF HAZ WASTE, WHICH WERE BEING MANAGED IN SATELLITE ACCUMULATION AREAS, CLOSED. THESE CONTAINERS INCLUDED: ONE 2-LITER CONTAINER OF IGNITABLE HAZ WASTE AND TWO 2-LITER CONTAINERS OF WASTE SOLVENT LOCATED IN THE SCIENCE AND TECHNOLOGY BLDG; AND ONE 55-GAL OF WASTE PAINT LOCATED IN THE PAINT SHOP.
RESPONDENT FAILED TO LABEL THE FOLLOWING CONTAINERS WITH THE WORDS HAZARDOUS WASTE OR OTHER WORDS THAT IDENITFY THE CON