7/18/13 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $32,130, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON SEPT 18, 2011, EPA CONDUCTED A MULTI-MEDIA COMPLIANCE EVALUATION INSPECTION (CEI) PURSUANT TO THE FEDERAL FACILITIES ENFORCEMENT OFFICE INSPECTION INITIATIVE AT RESPONDENT'S FACILITY. DURING THE CEI, THE INSPECTION TEAM OBSERVED THAT A CONTAINER STORING EXPLOSIVE HAZ WASTE IN A SATELLITE ACCUMULATION AREA WAS IN POOR CONDITION (BULDGING AT THE BOTTOM).
BECAUSE RESPODNENT FAILED TO COMPLY WITH THE REQUIREMENTS OF TRC 1200-01-11.03(4)(e)2 (40 CFR 262.34(c)(3) BY FAILING TO ENSURE THAT CONTAINERS STORING HAZ WASTE IN A SATELLITE ACCUMULATION AREA ARE IN GOOD CONDITION RESPONDENT VIOLATED RCRA 3005.
DURING THE CEI, THE INSPECTION TEAM OBSERVED THAT A CONTAINER STORING USED OIL AT THE STEAM PLANT WAS IN POOR CONDITION (BULGING AT THE TOP).
EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 279.22(b) BY FAILING TO ENSURE THAT CONTAINERS STORING USED OIL ARE IN GOOD CONDITION.
DURING THE CEI THE INSPECTION TEAM DISCOVERED THAT RESPONDENT HAD FAILED TON CONDUCT ADEQUATE WASTE DETERMINATION ON TEH FOLLOWING SOLID WASTES (i) EXPLOSIVE-CONTAMINATED USED OIL STORED IN AREA B BETWEEN BUILDINGS 156 AND 157; (ii) AN UNLABELED WASTE DRUM CONTAINING POTENTIALLY CONTAMINATED RESIDUES FROM SOIL SAMPLING CONDUCTED AT THE BURNING GROUND; AND (iii) DMSO-ACETONE WASTE GENERATED FOR THE FIRST TIME AT AREA B AGILE MANUFACTURING (G-10).
EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED 40 CFR 2