The US Environmental Protection Agency is authorized to enter into this Expedited Settlement Agreement ( ESA ) pursuant to Sections 3008 and 4005(d) of the Resource Conservation and Recovery Act and 40 C.F.R. Section 22.13(b). EPA alleges that the South Yuma County Landfill Inc ( Respondent ) violated the following RCRA requirements:
a. 40 CFR Section 260.5(b) requires that in any case in which a state requires a RCRA manifest to be used under state law to track the shipment and transportation of a state-only regulated waste to a receiving facility, the facility receiving such a waste shipment for management shall . . . comply with the provisions of Section 264.71 (use of the manifest) including paying the appropriate per manifest fee to EPA for each manifest submitted to EPA's e-Manifest system. California is a state that requires a RCRA manifest in such cases. 22 CCR Section 66262.20.
b. 40 CFR 264.71(a)(2)(v)(B) requires that any facility receiving a hazardous waste shipment accompanied by a manifest must submit the manifest to EPA?s e-Manifest system and sets forth the methods for doing so. The Facility is such a facility.
c. Respondent has failed to submit 9 manifests received at the Facility to the e-Manifest system within 30 days of the date of delivery to the Facility as required by 40 CFR 264.71(a)(2)(v)(B):