6/1/11 - CONSENT AGMT AND FINAL ORDER ISSUED. RESPONDENT IS ASSESSED A CIVIL PENALTY OF AL ALLOWED CONVENIENCE CLAIM (AS DEFINED IN THE PLAN) IN U.S. DEBTORS CLASS 4 (CONVENIENCE CLAIMS) (AS DEFINED IN THE PLAN) IN THE AMOUNT OF $3,844, WHICH, PURSUANT TO THE PLAN, SHALL ENTITLE EPA TO A DISTRIBUTION OF $1,922. COUNSEL FOR THE RESPONDENT'S BANKRUPTCY ESTATE HAS ADVISED COMPLAINANT THAT THE PENALTY WILL BE PAID FROM THE BANKRUPTCY ESTATE AFTER THE APPROVED CAFO IS FILED WITH THE BANKRUPTCY COURT. RESPONDENT SHALL SUBMIT PAYMENT OF THE ASSESSED PENALTY WITHIN 30 DAYS AFTER THE APPROVED CAFO IS FILED WITH THE BANKRUPTCY COURT.
ALLEGATIONS:
ON OR ABOUT MARCH 6, 2009 AND MARCH 10, 2009, AN INSPECTION WAS CONDUCTED BY THE KY DEPT OF ENVIRONMENTAL PROTECTION (KYDEP) AT RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH THE PCB REGS.
DURING THE INSPECTION, KYDEP LEARNED THAT ON SEPT 20, 2007, RESPONDENT SHIPPED 4 DRUMS OF SPENT FILTER MEDIA FROM THE REVERSING MILL BASEMENT FOR OFF-SITE DISPOSAL, AND THAT THE SHIPMENT WAS MANIFESTED UNDER A NON-HAZARDOUS WASTE MANIFEST AND WAS TRANSPORTED BY MAUMEE EXPRESS, INC., TO TRIAD TRANSFER YARD/NON FUELS (RINECO) IN BENTON, ARKANSAS.
THE SPENT FILTER MEDIA WAS FOUND TO CONTAIN 290 PPM PCBs.
ON OCT 8, 2007, RINECO DISCOVERED THE MANIFEST MISTAKE AND CORRECTED THE MISTAKE BY REPLACING THE NON-HAZARDOUS WASTE MANIFEST WITH A HAZARDOUS WASTE MANIFEST.
PURSUANT TO 40 CFR 761.207(a), A GENERATOR WHO RELINQUISHES CONTROL OVER PCB WA