9/18/13 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $70,415 - DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON MARCH 24, 2010, MISSOURI DEPT OF NATURAL RESOURCES INSPECTORS CONDUCTED A COMPLIANCE EVLUATION INSPECTION OF THE HAZ WASTE MGMT PRACTICES AT THE WEBB/TNT FACILITY IN MISSOURI. AT THE TIME OF THE INSPECTION, WEBB/TNT HAS SEVERAL SUPERSACK THAT WERE LABELED AS CONTAINING F006, WHICH IS THE EPA HAZ CODE FOR ELECTROPLATING WASTEWATER TREATMENT SLUDGE.
THE ZINC FERTILIZER EXCLUSION IS INAPPLICABLE IN MISSOURI BECAUSE MISSOURI HAS NOT SOUGHT EPA AUTHORIZATION FOR THE RULE. MOREOVER, EPA EPA R7 AND THE MDNR DETERMINED THAT TNT AND WEBB FAILED TO SATISFY THE FOLLOWING CONDITIONS AND THEREFORE DO NOT QUALIFY FOR THE ZINC FERTILIZER EXCLUSION:
A. TNT AND WEBB FAILED TO ENSURE THAT ZINC-BEARING MATERIALS WERE NOT ACCUMULATED SPECULATIVELY.
B. TNT AND WEBB FAILED TO SUBMIT NOTICE TO EPA OR MDNR THAT THEY WOULD BE HANDLING ZINC-BEARING MATERIALS TO BE INCORPORATED INTO ZINC FERTILIZERS. MOREOVER, NEITHER ONE NOTIFIED MDNR OF THE LOCATION OF THE MISSOURI FACILITY NOR APPLIED OFR THE RCRA EPA ID NUMBER FOR THE MISSOURI FACILITY.
C. TNT AND WEBB FAILED TO STORE THE ZINC BEARING MATERIALS IN TANKS, CONTAINERS, OR BLDGS THAT ARE CONSTRUCTED AND MAINTAINED IN A WAY THAT PREVENTS RELEASES INTO THE ENVIRONMENT.
D. TNT AND WEBB FAILED TO PROVIDE WRITTEN NOTICE TO RECEIVING FACILITIES THAT THE MATERIAL IS SUBJECT TO THE CONDITIONS OF 40 CFR 261.4(a)(20).
E. TNT AND WEBB FAILED TO MAINTA