5/26/09 - CONSENT AGMT ISSUED. MULTI-REGIONAL CASE, FILED IN REGIONS 3, 4, 5, AND 7. REGION 4'S PORTION OF THE PENALTY IS $3,867. REGION 4 ALLEGATIONS: RESPONDENT OWNS AND UP UNTIL SEPT 26,2008, OPERATED AN AUTOMOBILE ASSEMBLY PLANT IN DORAVILLE, GA, WHICH CONTAINS A HAZ WASTE TANK THAT WAS SUBMIT TO THE REQUIREMENTS OF 40 CFR 265, SUBMPART CC AND CHAPTER 391-1-11-.10 OF GHWMR.
PURSUANT TO 40 CFR 265.1085.(c)(4) AND CHAPT 391-1-11-.10 OF GHWMR, OWNERS AND OPERATORS ARE REQUIRED TO PERFORM INSPECTIONS OF THEIR TANKS AND CLOSURE DEVICES EVERY YEAR. RESPONDENT FAILED TO CONDUCT THESE INSPECTIONS FOR THE YEARS 2005, 2006 AND 2007.
BY FAILING TO COMPLY WITH THE REQUIREMENTS OF 40 CFR 265.1085(c)(4)(ii) AND CHAPTER 391.3.11-.10 GHWMR, RESPONDENT FAILED TO QUALIFY FOR THE LESS THAN 90 DAY GENERATOR ACCUMULATION EXEMPTION OF 40 CFR 262.34(a)(1)(ii) AND CHAPTER 391-3-11-.08 OF GHWMR, WHICH REFERENCE 40 CFR PART 265, SUBPART J, AND CHAPTER 391-3-11-.10 OF GHWMR WHICH IN TURN INCLUDES 40 CFR 265.1085(c)(4)(ii) AND THEREFORE WAS OPERATING A STORAGE FACILITY WITHOUT A PERMIT IN VIOLATION OF SECTION 12-8-66 OF THE GHWHW (SECTION 3005 OF RCRA).