6/17/14 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $21,672, DUE WITHIN 30 DAYS.
ALLEGATIONS: ON OR ABOUT OCT 25, 2012, A REMEDIAL ACTION WAS BEING CONDUCTED PURSUANT TO CERCLA AT RESPONDENT'S FACILITY. ON OR ABOUT OCT 22, 2012, TWO ROLL-OFF CONTAINERS CONTAINING PCB BULK REMEDIATION WASTES GENERATED DURING CERCLA CLEANUP WERE SHIPPED FROM THE NASA FACILITY FOR DISPOSAL TO A NON-HAZ WASTE LANDFILL BECAUSE OF A TRACKING ERROR IN THE ANALYSIS RESULTS FOR THE TWO CONTAINERS. THE TRACKING ERROR FAILED TO ID THAT THE FIRST ROLL-OFF CONTAINED BULK PCB REMEDIATION WASTES WITH PCB CONCENTRATIONS THAT EXCEEDED 50 ppm.
ON OR ABOUT OCT 25, 2012, THE TWO ROLL-OFF CONTAINERS WERE DELIVERED TO MORRIS FARM LANDFILL, HILLSBORO, AL, AND PLACED IN THE ACTIVE LANDFILL CELL AT THAT TIME. MORRIS FARM LANDFILL, OWNED AND OPERATED BY BFI WASTE SYSTEMS OF AL, LLC IS A MUNICIPAL SOLID WASTE LANDFILL AND IS NOT PERMITTED TO RECEIVED HAZ WASTE.
40 CFR 761.61(a)(5)(i)(B)(2)(iii) STATES THAT ANY PERSON DISPOSING OFF-SITE OF DEWATERED BULK PCB REMEDIATION WASTE SHALL DO AS FOLLOWS: BULK PCB REMEDIATION WASTES WITH A PCB CONCENTRATION GREATER THAN/EQUAL TO 50 ppm SHALL BE DISPOSED OF IN A HAZ WASTE LANDFILL PERMITTED BY EPA UNDER RCRA 3004 OR BY A STATE AUTHORIED UNDER RCRA 3006 OR A PCB DISPOSAL FACILITY APPROVED UNDER THIS PART. AS SET FORTH ABOVE, RESPONDENT OFFERED FOR TRANSPORT A ROLL-OFF CONTAINING BULK PCB REMEDIATION WASTES WITH PCB CONCENTRATIONS GREATER THAN/EQUAL 50 ppm