9/9/03 - COMPLAINT FILED, PROPOSING A PENALTY OF $111,000. ALLEGATIONS:
COUNT 1: FAILURE TO MAKE A HAZARDOUS WASTE DETERMINATION. AT THE TIME OF THE FEBRUARY 2, 2001, INSPECTION, RESPONDENTS HAD NOT MADE A HAZARDOUS WASTE DETERMINATION OF THE WASTE THAT HAD BEEN PLACED IN SETTLING POND A AT THE FACILITY; IN VIOLATION OF 40 CFR 262.11.
COUNT 2: FAILURE TO NOTIFY AS A GENERATOR OF HAZARDOUS WASTE. AT THE TIME OF THE FEBRUARY 2, 2001, INSPECTION, RESPONDENTS HAD NOT NOTIFIED EPA OR FDEP OF THEIR GENERATOR STATUS; IN VIOLATION OF 40 CFR 262.12.
COUNT 3: DISPOSAL OF HAZARDOUS WASTE IN A SURFACE IMPOUNDMENT WITHOUT A PERMIT. RESPONDENT ACCUMULATED HAZARDOUS WASTE WITHIN SETTLING POND A, A SURFACE IMPOUNDMENT, FROM AT LEAST FEBRUARY 2, 2001 UNTIL APRIL 29, 2003. NO MECHANISMS WERE IN PLACE TO PREVENT THIS WASTE FROM ENTERING THE ENVIRONMENT BENEATH SETTLING POND A. RESPONDENTS DO NOT HAVE A PERMIT TO DISPOSE OF HAZARDOUS WASTE; IN VIOLATION OF SECTION 3005(a) OF RCRA AND THE REGULATIONS PROMULGATED PURSUANT THERETO AT 40 CFR PARTS 264 AND 270.
COUNT 4: DISPOSAL OF HAZARDOUS WASTE IN A SURFACE IMPOUNDMENT WITHOUT MEETING LAND DISPOSAL RESTRICTIONS. RESPONDENTS DISPOSED OF UNTREATED HAZARDOUS WASTE ONTO THE LAND BY PLACING IT IN THE UNLINED, EARTHEN SETTLING POND A WITHOUT DETERMINING WHETHER OR NOT THE WASTE MET APPROPRIATE TREATMENT STANDARDS AND WITH NO MECHANISMS IN PLACE TO PREVENT THIS WASTE FROM ENTERING THE ENVIRONMENT; IN VIOLATION OF 40 CFR SECTIONS