2/12/19 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $14,500, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON APR 11, 2018, EPA AND GA EPD CONDUCTED A COMPLIANCE EVALUATION INSPECTION AT RESPONDENT'S FACILITY. DURING THE INSPECTION, THE INSPECTORS OBSERVED A HAZ WASTE CONTAINER ON A PALLET THAT WAS IN POOR CONDITION CAUSING ONE CONTAINER TO BE LEANING TO ONE SIDE. EPA ALLEGES RESPONDENT VIOLATED SECTION 12-8-66 OF THE GHWMA, GA. CODE ANN 12-8-66 (RCRA 3005) BY STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED OT 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)(4)) BY NOT COMPLYING WITH THE MAINTENANCE AND OPERATIONAL REQUIREMENTS OF GA COMP R AND REGS 391-3-11-.08(1) (40 CFR 265.31).
DURING THE INSPECTION, THE INSPECTORS OBSERVED THAT THE HATCH FOR THE TANK T-164's MANWAY WAS NOT PROPERLY CLOSED, RESULTING IN A VISIBLE GAP BETWEEN THE HATCH AND THE TANK'S MANWAY. EPA ALLEGES RESPONDENT VIOLATED SECTION 12-8-66 OF THE GHWMA, GA CODE ANN 12-8-66 (RCRA 3005) BY STORING HAZ WASTE 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 COMPLYING WITH THE AIR EMISSION CONTROL REQUIREEMNTS IN GA COMP R AND REGS 391-3-11-.10(1) (40 CFR 265.1085(c)(2)(iii)(A)).
DURING THE FILE REVIEW PORTION OF THE CEI, INSPECTORS DETERMINED THAT RESPONDENT HAD FAILED TO P