2/16/17 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $5,700, DUE WITHIN 30 DAYS.
ALLEGATIONS:
RESPONDENT MANUFACTURES VARIOUS ACRYLATE PRODUCTS AT THE ACRYLATES FACILITY. AS A RESULT OF ITS MANUFACTURING OPERATIONS, THE ACRYLATES FACILITY GENERATES A D001 CHARACTERISTIC HAZ WASTE. ON MAY 13, 2016, RESPONDENT SUBMITTED A NOTIFICATION OF HAZ WASTE ACTIVITY FOR THE ACRYLATES FACILITY PURSUANT TO RCRA 3010(a) AS AN LQG OF HAZ WATE. RESPONDENT NOTIFIED AS BEING A GENERATOR OF A D001 CHARACTERISTIC HAZ WASTE. ON JULY 19, 2016, EPA CONDUCTED A COMPLIANCE EVALUATION INSPECTION (CEI) AT RESPONDENT'S FACILITIES. THE FINDINGS OF THE CEI WERE DOCUMENTED IN A REPORT MAILED TO RESPONDENT, DATED OCT 24, 2016. DURING THE JULY 19, 2016, CEI, EPA OBSERVED RESPONDENT TO BE ACCUMULATING D001 CHARACTERISTIC HAZ WASTE WITHIN TANK V-550 FOR LESS THAN 90 DAYS.
EPA OBSERVED THAT RESPONDENT HAD PLACED GRATING ON THE BASE OF THE SECONDARY CONTAINMENT SYSTEM FOR TANK V-550. THE GRATING PREVENTED THE FACILITY FROM BEING ABLE TO INSPECT THE ENTIRE SECONDARY CONTAINMENT SYSTEM FOR THE TANK. EPA THEREFORE ALLEGES RESPONDENT VIOLATED SECTION 12-8-66 OF THE GHWMA, GA CODE ANN SECTOIN 12-8-66 (RCRA 3005) BY STORING HAZARDOUS WATE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT EXEMPTION SET FORTH IN GA COMP. R. AND REGS 391-3-11-.08(1) (40 CFR 262.34(a)(1)(ii)) BY NOT INSPECTING TANK V-550 AS REQUIRED BY GA. COMP. R. AND REGS 391-3-11-.10(1) (