6/30/04 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $10,000, DUE WITHIN 30 DAYS. ON JULY 24, 2003, EPA AND TDEC CONDUCTED A HAZARDOUS WASTE COMPLIANCE SAMPLING INPSECTION AT RESPONDENT'S FACILITY. DURING THE INSPECTION, THE INSPECTION TEAM SAMPLED BAGHOUSE DUST THAT WAS PRESENT ON THE SOIL NEAR THE WHELLABRATOR BAGHOUSE. ANALYTICAL RESULTS OF THE BAGHOUSE DUST SAMPLE USING THE TOXICITY CHARACTERISTIC LEACHING PROCEDURE (TCLP METHOD 1311) INDICATED A LEAD CONCENTRATION OF 38 MG/L. PURSUANT TO TRC 1200-01-11-.02(3)(e), WASTE HAVING A LEAD CONCENTRATION OF 5.0 MG/L OR HIGHER IS A CHARACTERISTICALLY HAZARDOUS WASTE (D008). AS A RESULT OF ITS RELEASE OF A HAZARDOUS WASTE TO THE SOIL AT ITS FACILITY, RESPONDENT VIOLATED TRC 1200-1-11-.05(3)(b), TRC 1200-1-11-.09(3)(d), AND T.C.A. SECTION 68-212-1