# CHEMETALL FOOTE CORPORATION
> **Administrative - Formal** · FY2011 · — · Final Order With Penalty
## Case
- **Activity ID:** `2200036924`
- **Case Number:** 04-2011-4001
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** —
## Defendants
- CHEMETALL FOOTE CORPORATION (complaint) (settlement)
## Summary

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.

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*