9/30/05 - NOTICE OF DETERMINATION ISSUED. IN ITS DISCLOSURE DATED OCTOBER 23, 2003, CKNA DISCLOSED THAT ITS FACILITY LOCATED AT 305 STANDLY BLVD IN SHELVYVILLE, TN, MAY HAVE HAD THE FOLLOWING VIOLATIONS:
SECTION 3002 OF RCRA IN THAT THE COMPANY FAILED TO MAKE PROPER HAZARDOUS WASTE DETERMINATION AS REQUIRED BY 40 CFR 262.11; FAILED TO PROPERLY LABEL, DATED AND MANAGE HAZARDOUS WASTE CONTAINERS, AS REQUIRED BY 40 CFR 262.34; FAILED TO PERFORM INSPECTIONS AS REQUIRED BY 40 CFR 262.34; FAILED TO PROPERLY COMPL.ETE ITS 2002 HAZARDOUS WASTE REPORT AS REQUIRED BY 40 CFR 262.41; FAILED TO HAVE ALL NECESSARY ELEMENTS IN ITS CONTINGENCY PLAN AS REQUIRED BY 40 CFR 262.34; AND FAILED TO COMPLY WITH CERTAIN EXCEPTION REPORTING REQUIREMENTS OF 40 CFR 262.42.
SECTION 312 OF EPCRA IN THAT THE COMPLAINT FAILED TO SUBMIT CORRECT AND COMPLETE TIER II FORMS TO THE APPROPRIATE AGENCIES.
SECTION 110 OF THE CAA IN THAT THE COMPANY FAILED TO KEEP RECORDS REQUIRED TO BE MAINTAINED BY ITS AIR OPERATING PERMIT AND FAILED TO OBTAIN A CONSTRUCTION PERMIT FOR A PAINT BOOTH, A VIOLATION OF TENNESSEE AIR POLLUTION CONTROL REGULATIONS 1200-3-9.01(1)(a) AND 1200-3-9-.02(2).
SECTION 311 OF THE CWA IN THAT THE COMPANY FAILED TO HAVE A SPILL PREVENTION, CONTAINMENT, AND CONTINGENCY PLAN AS REQUIRED BY 40 CFR PART 112.
SECTION 301 OF THE CWA IN THAT THE COMPANY FAILED TO UPDATE ITS STORM WATER PLAN, INVENTORY EXPOSED MATERIALS AND DOCUMENTS THAT QUARTERLY AND ANNUAL INSPECTIONS ARE BEING COMPLETE