September 26, 2024 - CONSENT AGREEMENT
In 2022, the EPA conducted a technical review of the information available on Respondent's CCR website (Technical Review).
On January 31, 2023, the EPA sent Respondent a Notice of Potential Violation and Opportunity to Confer (NOPV) concerning the CCR Rule based on the findings of the Technical Review.
On March 20, 2023 and multiple other dates, Respondent submitted detailed technical and engineering information on soil, groundwater, and geologic conditions, among other information, on and around the Plant Barry CCR Surface lmpoundment to the EPA.
On May 9, 2023 and multiple other dates, Respondent and the EPA met to discuss the disputed allegations in the NOPV concerning the Plant Barry CCR Surface lmpoundment.
Since the EPA sent the NOPV, the EPA and Respondent have met to discuss the geological and hydrogeological environmental assessment Respondent has undertaken of the Plant Barry CCR Surface lmpoundment.
On March 20-21, 2024, the EPA visited the Facility, which included a site tour of the Plant Barry CCR Surface lmpoundment and the Gypsum Surface lmpoundment.
In its NOPV, the EPA alleged that Respondent's EAP, dated April 17, 2017 and revised on April 15, 2022, while it did include discussion of flooding and other physical events, did not include detailed narrative discussion of certain hurricane and major storm events and associated flooding, which the EPA alleges might create a safety emergency involving t