8/21/2020 - CONSENT AGREEMENT AND FINAL ORDER: On July 9-11, 2019, the EPA and KDEP conducted a RCRA compliance evaluation inspection (CEI) at Respondent's facility. The EPA's findings of the CEI were documented in a show cause letter and the
inspection report that was mailed to Respondent, dated November 1, 2019. At the time of the CEI, the EPA inspector observed that furnace clinker, a D004, D006 and D010 hazardous waste, in the Furnace Clinker SAA, as well as two flip-top plastic trash cans and three
(3) one-gallon containers with locking lids in the Laboratory SAA did not include labels indicating the hazard of the contents of the containers.
At the time of the CEI, the Respondent had a central accumulation area (CAA) located between the Thaw Building and the Carbon Regeneration Unit (CRU) where roll off 220571 of clinker, a D004, D006 and D0lO hazardous waste, and roll off 222676 of concrete/sand containing various types of hazardous waste generated by Respondent were stored. The tarps on roll off 220571 and roll off 222676 were ripped and tom in several places, and therefore the roll offs were open. At the time of the CEI, the EPA inspector observed roll off222676 in the CAA was buckled and severely rusted. This container did not appear to be in good condition. At the time of the CEI, the EPA inspector noted that weekly inspections were not conducted during the weeks of February 11, 2019 and April 22, 2019 at the CAAs in the Laboratory.
At the time of the CEI, the