3/19/19 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF ZERO.
ALLEGATIONS:
ON MAY 21, 2014, EPA AND GAEPD CONDUCTED A COMPLIANCE EVALUATION INSPECTION (CEI) AT THE FACILITY.
AT THE TIME OF THE CEI, RESPONDENT WAS SOTRING BLAST MEDIA AND SBM. THE SBM WAS SCREENED TO REMOVE DEBRIS AND STORED IN CONTAINERS, INCLUDING 55-GAL DRUMS AND 1-CY SUPERSACKS. THE CONTAINERS OF SBM WERE INVENTORIED IN THE WAREHOUSE BY UST PERSONNEL. THE INSPECTORS WERE TOLD BY UST PERSONNEL THAT THE FACILITY CONTAINED AROUND 1.5 MILLION POUNDS OF SBM.
IN APR 2015, UST MEDIA, INC. OF CANTON, OH, PURCHASED THE UST ASSETS (CUSTOMER LISTS, PATENTS, EQUIPMENT). HOWEVER, RESPONDENT RETAINED OWNERSHIP OF THE CONTENTS OF THE FACILITY.
ON MAR 31, 2016, EPA CONDUCTED A SAMPLING INVESTIGATION AT THE FACILITY.
AT THE TIME OF THE SAMPLING INVESTIGATION, EPA OBSERVED APPROX 2 MILLION POUNDS OF SBM STORED IN 55-GAL DRUMS AND IN 1 CY SUPERSACKS. SAMPLING RESULTS INDICATED THAT THE WASTE SBM WAS HAZ WASTE AND EXHIBITED TOXICITY CHARACTERISTICS FOR CADMIUM (D006) AND CHROMIUM (D007).
ON SEPT 8, 2017, EPA CONDUCTED A CEI (CEI-2). THE FINDINGS OF THE CEI-2 WERE DOCUMENTED IN A REPORT MAILED TO RESPONDENT AND RHH, DATED DEC 21, 2017.
AT THE TIME OF THE CEI-2, RESPONDENT'S FACILITY WAS LOCKED; HOWEVER, FROM THE OUTSIDE, THE INSPECTORS OBSERVED THAT THE FACILITY'S MAIN BUILDING AND BACK WAREHOUSE WERE FULL OF SBM CONTAINERS.
ON NOVEMBER 17, 2017, EPA ISSUED A SHOW CAUSE LETTER TO RHH (AS THE OWNER