1) STORING HAZARDOUS WASTE WITHOUT A PERMIT OR INTERIM STATUS IN VIOLATION OF SECTION 3005(A) OF RCRA, 42 U.S.C. 6925 (A), AND THE REGULATIONS AT 40 C.F.R. PART 270; 2) FAILURE TO MAINTAIN RECORD OF THE MAXIMUM ORGANIC VAPOR PRESSURE OF THE HAZARDOUS WASTE IN VIOLATION OF 40 C.F.R. 265.1090 (A); AND 3) FAILURE TO SECURE THE CLOSURE DEVICES IN THE CLOSED POSITION THE CLOSURE DEVICES IN VIOLATION OF 40 C.F.R 265.1085 (C) (3). THIS CAFO RESOLVES ISSUES PERTAINING TO COUNTS 2 & 3 ONLY. RESPONDENT IS STILL NEGOTIATING WITH EPA WITH REGARDS TO COUNT 1 OF THIS ACTION. CURRENTLY, A NATION-WIDE SETTLEMENT HAS BEEN PROPOSED FOR VIOLATIONS RELATED TO MOST SUBSTANTIVE REQUIREMENTS FOR A SUBPART BB LEAK DETECTION AND MONITORING PROGRAM.
Count 1 of this action was settled in a National Settlement on February 6, 2003 in Docket No R05-2003-0003. The Ohio Assembly Plant facility was assessed a penalty of $18,000.