IN AN APRIL 1, 2010, LETTER TO EPA, PELTON & CRANE DISCLOSED VIOLATIONS OF EPCRA 312 AND 313. SPECIFICALLY, PELTON & CRANE DISCLOSED THAT IT HAD FAILED TO FILE TIER II AND FORM R REPORTING FOR REPORTING YEARS 2005-2009. IN ADDITION, PELTON & CRANE DISCLOSED THAT IT VIOLATED REQUIREMENTS PERTAINING TO THE MANAGEMENT OF HAZARDOUS WASTE UNDER CHAPTER 130A, ARTICLE 9 OF NC'S GENERAL STATUTES (N.C. GEN STAT 130A-290 ET SEQ (SUBTITLE C OF RCRA). FINALLY, PELTON & CRANE DISCLOSED A POTENTIAL VIOLATION OF CAA TITLE V. SUBSEQUENTLY PELTON & CRANE CONCLUDED THAT IT HAD NOT VIOLATED CAA TITLE V OR EPCRA 313, AND WITHDREW THE PORTIONS OF ITS APRIL 1, 2010 DISCLOSURE THAT PERTAINED TO THOSE REQUIREMENTS.
PURSUANT TO THE AUDIT POLICY, AND BASED ON INFORMATION PROVIDED BY PELTON & CRANE, EPA MAKES THE FOLLOWING FINAL DETERMINATION FOR THE FEDERALY ENFORCEABLE VIOLATIONS IDENTIFIED ABOVE:
- PELTON & CRANE VIOLATED EPCRA 312 BY FAILING TO SUBMIT TIER II REPORTS FOR THE 2005-2009 REPORTING YEARS.
- PELTON & CRANE VIOLATED RCRA REQUIREMENTS PERTAINING TO THE MANAGEMENT OF HAZ WASTE SET FORTH AT N.C. GEN STAT 130A-290, ET SEQ. (RCRA 3005) BY ILLEGALLY DISPOSING OF HAZ WASTE AT A FACILITY THAT WAS NOT PERMITTED TO RECEIVE HAX WASTE;
- PELTON & CRANE VIOLATED RCRA REQUIREMENTS PERTAINING TO THE MGMT OF HAZ WASTE SET FORTH AT N.C. ADMIN CODE TITLE 15A r. 13A.0107(a) (40 CFR 262.12(c)) BY OFFERING HAZ WASTE TO A DISPOSAL FACILITY THAT HAS NOT RECEIVED AN EPA ID NUMBER; AND
- PELTON & CRAN