7/9/19 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $150,000, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON JULY 10 AND SEPT 26, 2017, EPA AND DHEC CONDUCTED A COMPLIANCE EVALUATION INSPECTION (CEI) AND A COMPLIANCE DEVELOPMENT INVESTIGATION EVALUATION (CDIE), RESPECTIVELY, AT THE FACILITY.
FOLLOWING RECEIPT OF THE CEI AND CDIE BY MILLIKEN, EPA AND MILLIKEN CONDUCTED SEVERAL CONFERENCE CALLS AND AN IN-PERSON MEETING TO DISCUSS MILLIKEN'S INVESTIGATION INTO THE ALLEGED FINDINGS SET OUT IN THE CLOSING CONFERENCE FOR THE COMPLIANCE EVALUATION, THE CEI AND THE CDIE.
DURING THE JULY 10, 2017, CEI, EPA OBSERVED RESPONDENT WAS STORING NUMEROUS CONTAINERS OF MATERIAL, AT VARIOUS STAGES OF PROCESSING, AT THE FACILITY'S FLAME PAD AREA AND OUTDOOR STORAGE AREA, LOCATED ADJACENT TO THE WASTE STORAGE PAD, THE PERMITTED HAZARDOUS WASTE STORAGE AREA, SOME FOR OVER A YEAR, W/OUT MAKING A HAZ WASTE DETERMINATION ON THESE WASTES. EPA ALLEGES RESPONDENT VIOLATED S.C. CODE ANN. REGS. 61-79-262.11 (40 CFR 262.11), BY FAILNG TO MAKE AN ACCURATE HAZ WASTE DETERMINATION ON THE WASTE STORED FOR MORE THAN A YEAR AT THE FACILITY'S FLAME PAD AREA AND OUTDOOR STORAGE AREA, W/OUT EITHER RETURNING THOSE WASTES TO THE PROCESS, RECYCLING OR SELLING AS A PRODUCT.
FOLLOWING THE INSPECTION, BASED ON THE EPA'S CONTENTIONS AND QUESTIONS, MILLIKEN CONTENDED THAT IT CHARACTERIZED ALL THE MATERIAL IN QUESTION AND MANAGED THEM IN A COMPLIANT MANNER.
IN THE REGULAR COURSE OF ITS OPERATIONS AT THE FACILIT