5/6/2011 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $72,819, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON AUG 12, 2009, EPA AND KDEP CONDUCTED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF RESPONDENT'S FACILITY.
AT THE TIME OF THE INSPECTION, RESPONDENT MANAGED THE SPENT LIQUID SOLVENT WASTE GENERATED ON-SITE IN A TANK SYSTEM.
RESPONDENT'S TANK SYSTEM CONSISTED OF:
- ONE INSIDE 4,000 GAL ABOVE-GROUND HAZ WASTE STORAGE TANK; AND
- PIPING TO TRANSFER THE SPENT LIQUID SOLVENT WASTE TO THE 4,000 GAL HAZ WASTE STORAGE TANK.
RESPONDENT HAD FAILED TO COMPLY WITH THE 40 CFR PART 265 SUBPART BB AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS.
EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED RCRA 3005 FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED OT MEET THE 40 CFR 262.34(a)(1)(iii) CONDITION OF THE 40 CFR 262.34(a) PERMIT EXEMPTION BY NOT COMPLYING WITH 40 CFR 265.1050(b).
RESPONDENT HAD FAILED TO DETERMINE WHETHER TANK LEVEL 1 OR TANK LEVEL 2 CONTROLS WERE APPLICABLE TO THE 4,000 GAL HAZ WASTE STORAGE TANK.
EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED RCRA 3005 FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(a)(1)(ii) CONDITION OF THE 40 CFR 262.34(a) PERMIT EXEMPTION BY NOT COMPLYING WITH 40 CFR 265.1085(b).
RESPONDENT HAS FAILED TO HAVE IMMEDIATE ACCESS TO AN INTERNAL ALARM OR EMERGENCY COMMUNICATIONS DEVICE AT THE LESS-THAN-90-DAY HAZ WASTE STORAGE ARE