8/3/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $39,619.
ORDER ALLEGES:
ON MAY 19, 2009, EPA AND NCDENR CONDUCTED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF RESPONDENT'S FACILITY.
RESPONDENT FAILED TO MEET THE REQUIREMENTS IN SECTION 3005 OF RCRA, 40 CFR SECTION 262.34(f), AND 15 A N.C.A.C 13A.0107(c). THESE REGULATIONS REQUIRE A SMALL QUANTITY GENERATOR WHO STORES HAZARDOUS WASTE FOR MORE THAN 180 DAYS TO OBTAIN A PERMIT FOR THE TREATMENT, STORAGE, AND DISPOSAL OF HAZARDOUS WASTE IN ACCORDANCE WITH THE REQUIREMENTS OF 40 CFR PART 270.
RESPONDENT FAILED TO ADHERE TO A CONDITION EXEMPTION FROM RCRA SECTION 3005 FOUND AT 40 CFR SECTION 262.34(a)(3) AND 15 N.C.A.C 13A.0107. THESE REGULATIONS REQUIRE THAT CONTAINERS OF HAZARDOUS WASTE THAT ARE ACCUMULATED ON-SITE MUST BE LABELED WITH THE WORDS HAZARDOUS WASTE. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED RCRA SECTION 3005.