2/20/14 - CONSENT DECREE ENTERED. WITHIN 30 DAYS, DEFENDANT SHALL PAY THE SUM OF $1,274,000 AS A CIVIL PENALTY IN FULL SETTLEMENT OF ALL VIOLATIONS OF RCRA ALLEGED IN THE COMPLAINT; AND THE SUM OF $226,000, AS A CIVIL PENALTY IN FULL SETTLEMENT OF ALL VIOLATIONS OF THE CWA ALLEGED IN THE COMPLAINT.
WITHIN 30 DAYS FROM THE EFFECTIVE DATE OF THE CONSENT DECREE, DEFENDANT SHALL SUBMIT TO EPA A REQUEST FOR A CONTAINED-IN-DETERMINATION (CID) ON THE WASTEWATER LAGOONS.
WITHIN 45 DAYS FROM THE EFFECTIVE DATE OF THIS CD, DEFENDANT SHALL SUBMIT A PHASE II LAGOON SOLIDS STOCKPILE SAMPLING QAPP AND PHASE II LAGOON SOLIDS STOCK PILE SAMPLING WORK PLAN TO ADDRESS SAMPLING AND TESTING OF THE PHASE II LAGOON SOLIDS STOCKPILE. THE QAPP AND WORK PLAN SHALL BE DEVELOPED IN A MANNER CONSISTENT WITH THE PREVIOUSLY SUBMITTED PHASE I LAGOON SOLIDS STOCKPILE SAMPLING QAPP AND PHASE I LAGOON SOLIDS STOCKPILE SAMPLING WORK PLAN. UPON ACCEPTANCE OF THE PHASE II QAPP AND WORK PLAN BY EPA, DEFENDANT SHALL IMPLEMENT THE WORK PLAN WITHIN 15 DAYS.
WITHIN 90 DAYS FROM THE EFFECTIVE DATE OF THIS CD, DEFENDANT SHALL SUBMIT A SITE SPECIFIC QAPP AND WORK PLAN, TO ADDRESS SAMPLING AND TESTING OF THE GROUNDWATER AT DEFENDANT'S RESIDUAL SOLID WASTE LANDFILL. THE WORK PLAN SHALL DOCUMENT THE METHODOLOGY AND PROVIDE A SPECIFIC SCHEDULE THAT THE DEFENDANT SHALL USE TO CONDUCT THE WORK, AND TO PROVIDE THE RESULTS TO EPA AND KYDEP. UPON ACCEPTANCE OF THE QAPP AND WORK PLAN BY EPA, DEFENDANT SHALL IMPLEMENT TH