3/26/19 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $12,600, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON FEB 15, 2019, INSPECTORS WITH EPA AND MEDQ CONDUCTED A COMPLIANCE EVALUATION INSPECTION (CEI) AT RESPONDENT'S FACILITY. DURING THE CEI, INSPECTORS WERE INFORMED THAT HAZ WASTES IDENTIFIED WITH EPA HW NUMBERS D018, D039, AND D040 WERE THEN BEING STORED WITHIN THE 15-000-GAL SERVICE CENTER HW STORAGE TANK, THE TANKS ANCILLARY UNITS CONSISTING OF VARIOUS DRUMS AND OTHER RELATED CONTAINERS LOCATED AT THE SOLVENT RETURN AND FILL STATION, AS WELL AS CONTAINERS BEING STORED IN THE FLAMMABLE STORAGE SHELTER PURSUANT TO THE TERMS AND CONDITIONS SET FORTH IN MODULE III (CONTAINERS) OF THE PERMIT.
DURING THE CEI, THE INSPECTORS OBSERVED A CLEARLY VISIBLE GAP BETWEEN THE 15,000 GALLON SERVICE CENTER HW STORAGE TANK AND THE SERVICE CENTER HW STORAGE TANK'S MANHOLE COVER. THE MANHOLE COVER, HAVING BEEN DESIGNED TO FORM A CONTINUOUS BARRIER OVER THE ENTIRE SURFACE AREA OF THE TANK, WAS OPERATING AS A CLOSURE DEVICE.
EPA THEREFORE ALLEGES RESPONDENT VIOLATED 11 MISS. ADMIN. CODE PT. 3, R. 1.7 (40 CFR 264.1084) AND THE CONDITIONS SET FORTH IN THE PERMIT BY OPERATING A CLOSURE DEVICE ON THE SERVICE CENTER HW TANK THAT FAILED TO ACHIEVE THE REQUISITE SUBPART CC TANK LEVEL 1 CONTROLS.
DURING THE CEI, THE INSPECTORS OBSERVED THAT RESPONDENT WAS ACCUMULATING HW IN 4 30-GAL CONTAINERS AND ONE 16-GAL CONTAINER LOCATED IN THE SOLVENT RETURN AND FILL STATION, ONE OF THE FACILITY'S PERMI