On November 15, 2023, EPA Region 6 issued an Expediated Settlement Agreement (ESA) under its authority pursuant to the Resource Conservation and Recovery Act (RCRA) to Heritage Thermal of Texas located in Orange, TX. The ESA was issued in response to violations of 30 TEX. ADMIN. CODE ? 335.152(a)(4) and 40 C.F.R. ? 264.71(a)(2)(v) requiring that manifests be submitted to EPA?s e-Manifest system within 30 days of the date the waste was delivered; and 30 TEX. ADMIN. CODE ? 335.152(a)(22) and 40 C.F.R. ? 265.1311(b)(2) requiring that manifests be certified at the time of submission.
The ESA requires Heritage Thermal of Texas to correct the violations by certifying the manifests and pay a fine of $2,500. Heritage Thermal of Texas must respond to EPA Region 6 within 30 days of receipt of the ESA.