On August 14, 2018, EPA conducted an inspection of Surface's facility in Capron, Illinois. As a result of the inspection and follow-up correspondence, Region 5 alleges that Surface treated F006 hazardous wastewater treatment sludge on the floor it its facility and stored the hazardous waste without a permit. EPA also alleges that Surface failed to keep containers of F006 hazardous waste closed during storage, maintain adequate aisle space between these containers, have a complete contingency plan, submit its contingency plan to local emergency departments, maintain waste determinations, and submit maintain copies of annual reports.
In the course of negotiations, Region 5 confirmed that Surface performed the necessary actions to achieve compliance with the requirements alleged to have been violated. Under the CAFO, Surface agreed to pay a $71,404 civil penalty. The penalty was calculated in accordance with U.S. EPA's RCRA Civil Penalty Policy, dated June 23, 2003.