3/30/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $72,205. ALLEGATIONS AND DETERMINATIONS: ON JUNE 18-19, AND OCT 11, 2007, EPA CONDUCTED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) AT THE FACILITY AND MADE THE FOLLOWING OBSERVATIONS:
A. RESPONDENT HAD 2 HAZ WASTE CONTAINERS THAT WERE NOT MARKED WITH THE ACCUMULATION START DATE.
B. OUTSIDE THE AEROSOL BUILDING, RESPONDENT HAD AN AVOVE-GROUND 400-GAL TANK WITH WASTEWATER FROM THE QA/QC LAB THAT EVENTUALLY WAS TO BE TRANSFERRED TO 275-GALLON TOTE CONTAINERS. RESPONDENT STATED TAHT THE OPERATOR MARKED THE TOTE CONTAINERS WITH THE DATE THE WASTE IS TRANSFERRED TO THE CONTAINER, INSTEAD OF USING THE DATE WHEN ACCUMULATION IN THE TANK STARTED.
C. RESPONDENT WAS OPERATING THE TRENCH SYSTEMS IN THE AEROSOL AND SOLVENT COMPOUNDING ROOMS AS HAZ WASTE STORAGE TANKS AND NOT AS EMERGENCY CONTAINMENT UNITS.
PURSUANT TO 40 CFR 262.34(a)(2), A GENERATOR MAY ACCUMULATE HAZ WASTE ON SITE FOR 90 DAYS OR LESS WITHOUT A PERMIT OR INTERIM STATUS, PROVIDED THE GENERATOR MARKS EACH HAZ WASTE CONTAINER WITH THE DATE ACCUMULATION OF THE WASTE BEINS. RESPONDENT FAILED TO MARK 2 HAZ WASTE TOTE CONTAINERS WITH THE ACCUMULATION START DATE. FURTHERMORE, RESPONDENT FAILED TO MARK THE QA/QC HAZ WASTE TOTE CONTAINERS WITH THE ACTUAL ACCUMULATION START DATE - IN VIOLATION OF RCRA SECTION 3005.
PURSUANT TO 40 CFR 262.34(a)3), A GENERATOR MAY ACCUMULATE HAZ WASTE ON SITE FOR 90 DAYS OR LESS WITHOUT A PERMIT OR INTERIM STATUS, PRO