5/6/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $45,000, DUE WITHIN 30 DAYS.
ALLEGATIONS:
AT THE TIME OF THE OCT 23-26, 2006 CEI:
RESPONDENT HAD NOT MADE A HAZARDOUS WASTE DETERMINATION ON THE WASTEWATER FROM THE TITANIUM TETRACHLORIDE WASH HOUSE THAT WAS BEING DISCHARGED DIRECTLY TO THE GROUND; IN VIOLATION OF 40 CFR 262.11.
RESPONDENT HAD NOT MADE A HAZARDOUS WASTE DETERMINTION ON THE WASTE SOLVENT IN THE 5-GAL DRUM OF WASTE PAINT AND SOLVENT LOCATED IN THE PAINT YARD; IN VIOLATION OF 40 CFR 262.11.
RESPONDENT WAS STORING HAZARDOUS WASTE IN A CONTAINER THAT WAS NOT LABELED WITH THE BEGINNING DATE OF ACCUMULATION; IN VIOLATION OF RCRA SEC 3005. (RESPONDENT FAILED TO ADHERE TO A CONDITIION FOR PERMIT EXEMPTION FOUND AT 40 CFR 262.34(a)(3)).
RESPONDENT WAS STORING HAZ WASE IN A CONTAINER THAT WAS NOT LABELED WITH THE WORDS HAZARDOUS WASTE; IN VIOLATION OF RCRA 3005. (RESPONDENT FAILED TO ADHERE TO A CONDITION FOR PERMIT EXEMPTION FOUND AT 40 CFR 262.34(a)(3)).
RESPONDENT HAD NOT DESIGNATED A PRIMARY EMERGENCY COORDINATOR IN THE CONTINGENCY PLAN; IN VIOLATION OF RCRA 3005. (RESPONDENT FAILED TO ADHERE TO A CONDITION FOR PERMIT EXEMPTION FOUND AT 40 CFR 265.52(d)).
RESPONDENT WAS DISCHARGING D002 HAZ WASTE WASTEWATER FROM THE TITANIUM TETRACHLORIDE WASH HOUSE DIRECTLY TO THE GROUND WITHOUT PERFORMING NECESSARY NOTICE, CERTIFICATION, AND WASTE ANALYSIS REQUIREMENTS; IN VIOLATION OF 40 CFR 268.7, 268.9, AND 268.40(a).
RESPONDENT WAS