3/23/11 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $41,500, DUE WITHING 30 DAYS.
ALLEGATIONS:
ON MAY 15, 2009, EPA AND TDEC PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI).
AT THE TIME OF THE CEI, RESPONDENT FAILED TO PROVIDE DOCUMENTATION TO SHOW THAT WEEKLY INSPECTIONS WERE CONDUCTED OF THE HAZ WASTE STORAGE AREAS PRIOR TO THE 2009 CALENDAR YEAR.
COMPLAINANT THEREFORE ALLEGES THAT RESPONDENT VIOLATED RCRA 3005 AND TENN CODE ANN 68-212-105(4) FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(a)(1)(i) AND TENN. COMP. R. & REGS. 1200-01-11-.05(9)(e), CONDITION OF THE 40 CFR 262.34(a) PERMIT EXEMPTION BY NOT COMPLYING WITH SUBPART I OF 40 CFR PART 265 AND TENN. COMP. R. & REGS 1200-01-11-.05(9).
AT THE TIME OF THE MAY 15, 2009, CEI, RESPONDENT HAD PLACED 2 TRASH CANS OF SOLID WASTE DESTINED FOR DISPOSAL AT A NEARBY SANITARY LANDFILL. THE TRASH CANS CONTAINED APPROX 12 QUARTS OF ISOPROPYL ALCOHOL WASTE.
EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED 40 CFR 262.11 AND TENN. COMP. R. AND REGS 1200-01-11-.03(1)(b) FOR FAILING TO MAKE A HAZARDOUS WASTE DETERMINATION FOR THE ISOPROPYL ALCOHOL WASTE.
AT THE TIME OF THE MAY 15, 2009, CEI, RESPONDENT DID NOT MAINTAIN A COMPLETE CONTINGENCY PLAN AT THE FACILITY.
EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED RCRA 3005 AND TENN. CODE. ANN 68-212-105(4) FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO