6/27/2024 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $28,038. PENALTY TO BE PAID WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS CAFO.
ALLEGED VIOLATIONS:
ON SEPTEMBER 6, 2023, THE KENTUCKY DEPARTMENT FOR ENVIRONMENTAL PROTECTION (KYDEP), ACTING IN ITS CAPACITY AS AN AUTHORIZED AGENT OF THE EPA, CONDUCTED AN INSPECTION OF RESPONDENT'S FACILITY IN CALVERT CITY, KENTUCKY (THE FACILITY) PURSUANT TO SECTION 11 OF TSCA, 15 U.S.C. ? 2610, TO DETERMINE RESPONDENT'S COMPLIANCE WITH THE PCB REGULATIONS. THE INSPECTION WAS INITIATED BASED ON INFORMATION SUBMITTED TO THE EPA AND KYDEP ON JUNE 21, 2023, BY CLEAN EARTH OF CALVERT CITY (CECC), A HAZARDOUS WASTE DISPOSAL FACILITY THAT HAS NOT RECEIVED AN EPA IDENTIFICATION NUMBER FROM THE EPA PURSUANT TO 40 C.F.R. ? 761.202(B)(L)(II) AUTHORIZING IT TO RECEIVE, HANDLE, STORE, OR DISPOSE OF PCB WASTE. UPON REVIEW OF INFORMATION PROVIDED BY THE CECC, THE RESPONDENT, THE KYDEP, THE EPA ALLEGES THAT:
- RESPONDENT'S JUNE 23, 2023, SHIPMENT OF THE DRUM OF PCB WASTE, AS DESCRIBED IN PARAGRAPH 27 ABOVE, TO CECC, A FACILITY THAT HAD NOT OBTAINED AN EPA IDENTIFICATION NUMBER FOR PCB WASTE HANDLING ACTIVITIES, WAS IN VIOLATION OF 40 C.F.R. ? 761.202(B)(L)(II) AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614.
- RESPONDENT FAILED TO NOTATE ON THE MANIFEST FOR THE DRUM IT ARRANGED TO SHIP TO CECC FOR TREATMENT AND DISPOSAL, AS DESCRIBED IN PARAGRAPH 32 ABOVE, THAT THE DRUM CONTAINED PCBS, IN VIOLATION OF C.F.R. ? 761.207(A).
- RESPON