7/22/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $240,000 DUE WITHIN 30 DAYS.
EPA ALLEGES:
RESPONDENT STORED HAZ WASTE FOR OVER 90 DAYS WITHOUT OBTAINING A PERMIT OR INTERIM STATUS.
RESPONDENT FAILED TO MARK A ROLL-OFF RILTER PRESS SLUDGE CONTAINER (F006) IN THE 90-DAY STORAGE AREA OF SLIDER PLANT II WITH THE ACCUMULATION START DATE AND THE WORDS HAZARDOUS WASTE.
RESPONDENT FAILED TO MEET THE EXEMPTIONS IN 40 CFR 262.34 FOR STORING HAZ WASTE 90 DAYS OR LESS WITHOUT OBTAINING A PERMIT OR INTERIM STATUS.
AT THE TIME OF THE CEI, EPA REVIEWED RESPONDENT'S WEEKLY HAZ WASTE STORAGE LOG AND DETERMINED THAT RESPONDENT FAILED TO PERFORM WEEKLY INSPECTIONS OF THE CONTAINER STORAGE AREAS AT ITS OCMULGEE PARK AND CHESTNEY FACILITIES. SPECIFICALLY, EPA'S RECORD REVIEW INDICATED THAT RESPONDENT DID NOT HAVE LOG INSPECTIONS ON THE FOLLOWING 4 OCCASIONS BETWEEN JAN 2006 AND AUG 2008; JAN 4, 2006; JUNE 29, 2006; OCT 12, 2007, AND MAY 9, 2008.
EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED RCRA 3005 AND GHWMA 12-8-66, FOR FAILING TO MEET THE REQUISITE EXEMPTIONS IN 40 CFR 262.34(d)(2) AND 265.174 FOR STORING HAZ WASTE 90 DAYS OR LESS WITHOUT A PERMIT OR INTERIM STATUS.
EPA ALLEGES THAT AT THE TIME OF THE CEI, RESPONDENT HAD CONTAINERS OF USED OIL AT THE SLIDER PLANT I LOCATED AT ITS OCMULGEE PARK FACILITY AND FAILED TO MARK THE 55-GAL CONTAINER WITH THE WORDS USED OIL. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED 40 CFR 279.22(c)(1) AND CHAPT 39