8/4/15 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $17,700, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON DEC 10, 2013, EPA AND THE TN DEPT OF ENVIRONMENTAL AND CONSERVATION (TDEC) CONDUCTED AND COMPLIANCE EVALUATION INSPECTION (CEI) AT RESPONDENT'S FACILIITY. AT THE TIME OF THE CEI:
- EPA AND TDEC OBSERVED THAT RESPONDENT HAD FAILED TO DATE 7 DRUMS OF HAZ WASTE (D001 AND f003) PLACED IN STORAGE. EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 68-212-108 OF THE GHWMA, TENN. CODE ANN SECTION 68-212-108 (RCRA 3005), BY 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. & REGS. 0400-12-01-.03(4)(e)6 (40 CFR 262.34(d)(4)) BY NOT COMPLYING WITH THE DATING REQUIREMENTS OF TENN. COMP. R. & REGS. 0400-12-01-.03(4)(e)(6(iv) (40 CFR 262.34(a)(2).
- EPA AND TDEC OBSERVED THAT RESPONDENT HAD FAILED TO CLOSE 7 DRUMS OF ACCUMULATED HAZ WASTE (D001 & F003) PLACED IN STORAGE. EPA ALLEGES RESPONDENT VIOLATED SECTION 68-212-108 OF THE THWMA, TENN. CODE ANN. 68-212-108 (RCRA 3005) BY 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. & REGS. 0400-12-01-.03(4)(e)6(ii) (40 CFR 262.34(d)(2)), BY NOT CLOSING THE CONTAINER OF ACCUMULATED HAZ WASTE AS REQUIRED IN TENN. COMP. R. & REGS. 0400-12-01-.05(9)(d)1 (40 CFR 262.173(a)).
- EPA AND TDEC OBSERVED THAT RESPONDENT HAD FAILED TO CLOSE