4/21/15 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $19,500.
ALLEGATIONS:
ON DEC 11, 2013, EPA AND TDEC CONDUCTED A COMPLIANCE EVALUATION INSPECTION (CEI) AT RESPONDENT'S FACILITY. AT THE TIME OFTHE CEI, RESPONDENT HAD NOT MADE A HAZ WASTE DETERMINATION ON RECOVERED D001 ETHYL ALCOHOL WASTE STREAMS DISPOSED THRU THE DRAINAGE SYSTEM SERVICED BY THE CITY OF NASHVILLE. EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 262.11 BY FAILING TO MAKE A HAZ WASTE DETERMINATION ON CERTAIN SOLID WASTE GENERATED AT IT FACILITY.
AT THE TIME OF THE CEI, EPA AND TDEC OBSERVED THAT RESPONDENT HAD FAILED TO CLOSE ONE DRUM OF D001 AND D002 HAZ WASTE GENERATED IN THE FISH ROOM/CYTOGENETICS ROOM. EPA ALLEGES RESONDENT VIOLATED RCRA 3005 VY STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE CAA PERMIT EXEMPTION SET FORTH IN TENN. COMP. R. AND REGS. 0400-12-01-.03(4)(e)5(I)(I) (40 CFR 262.34(c)(1)(I) BY NOT COMPLYING WITH THE CONTAINER MGMT REQUIREMENTS (40 CFR 265.173(a).
AT THE TIME OF THE CEI, RESPONDENT HAD NOT DOCUMENTED APPROX 23 WEEKS OF CONTAINER INSPECTIONS IN THE PREVIOUS 3 YEARS FROM THE DATE OF INSPECTION. EPA ALLEGES RESPONDENT VIOLATED RCRA 3005 Y STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE SQG PERMIT EXEMPTION SET FORTH IN TENN. COMP. R. AND REGS. 0400-12-01-.03(4)(e)6(ii) [40 CFR 262.34(D)(2)] BY NOT COMPLYING WITH THE INSPECTION REQUIREMENT