12/27/10 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $57,000 DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON MAY 11, 2006, EPA AND TDEC CONDUCTED A COMPLIANCE EVALUATION INVESTIGATION WITH SAMPLING. ON JAN 24, 2007, EPA AND TDEC CONDUCTED A FOLLOWUP CASE DEVELOPMENT INVESTIGATION/EVALUATION (CDIE). THE RESULTS OF THE CDIE WERE DOCUMENTED IN A CDIE REPORT AND NOTICE OF VIOLATION DATED APR 30, 2008.
DURING THE MAY 11, 2006, INSPECTION, RESPONDENT INDICATED THAT PRIOR TO 2006 IT TREATED THE WASTE BUTYLLITHIUM SAMPLES (D001/D003), BY SMASHING THE BOTTLES IN A PIT (HEREINAFTER REFERRED TO AS THE LAB PIT ) PROVOKING THE WASTE TO REACT WITH AIR AND AUTO-IGNITE.
RESPONDENT OPERATED A HAZARDOUS WASTE TREATMENT UNIT AS THAT TERM IS DEFINED IN TR CHAPTER 1200-01-11-.01(2)(a) AND 40 CFR 260.10.
RESPONDENT DID NOT HAVE INTERIM STATUS OR A PERMIT TO TREAT WASTE BUTYLLITHIUM SAMPLES (D001/D003) IN THE LAB PIT.
RESPONDENT WAS NOT EXEMPT FROM THE REQUIREMENT TO OBTAIN A PERMIT FOR TREATMENT OF HAZARDOUS WASTE. THEREFORE, RESPONDENT TREATED HAZARDOUS WASTE WITHOUT A PERMIT OR INTERIM STATUS IN VIOLATION OF RCRA SEC 3005(a) AND T.C.A. 68-212-108.