8-10-2020 CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $13,500. RESPONDENT SHALL MAKE PAYMENT WITHIN 30 DAYS.
ALLEGED VIOLATIONS:
The Respondent failed to label nine hazardous waste aerosol containers holding hazardous waste in SAAs with the words hazardous waste. The EPA therefore alleges Respondent violated Section 68-212-108 of the THWMA, Tenn. Code Ann. ? 68-212-108 [Section 3005 of RCRA,
42 U.S.C. ? 6925] by storing hazardous waste without a permit or interim status, because Respondent failed to meet a condition of the SAA Permit Exemption by not complying with the labeling requirements of Tenn. Comp. R. & Regs. 0400-12-01-.03(4)(e)5(i)(II) [40 C.F.R.
? 262.34(c)(1)(ii) (2016)].
The Respondent failed to inspect the above ground portions of the tanks system. The EPA therefore alleges Respondent violated Permit Condition I.D.1 which requires the permittee to comply with the conditions of the Permit including Permit Condition IV.E.2(a) [40 C.F.R
? 264.195(c)(1)].