8/16/12 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $30,710, DUE WITHIN 30 DAYS.
ALLEGATIONS:
RESPONDENT OPEATES AN AUTOMOBILE SALES DEALERSHIP AND MAINTENANCE FACILITY. OPERATIONS PERFORMED AT THE FACILITY INCLUDE GENERAL MAINTENANCE AND ROUTINE REPAIR OF AUTOMOBILES.
RESPONDENT'S MOST RECENT HAZARDOUS WASTE GENERATOR NOTIFICATION TO GEORGIA, DATED APR 9, 2011, CHARACTERIZED THE FACILITY AS A CESQG. THIS NOTIFICATION INDICATED THAT THE FACILITY GENERATED WASTES CHARACTERISTIC FOR IGNITABILITY (D001), TOXICITY FOR BENZENE (D018), AS WELL AS HAZARDOUS WASTES FROM NONSPECIFIC SOURCES (F003 AND F005).
RESPONDENT, AS A RESULT OF ITS OPERATIONS AT THE FACILITY, IS A GENERATOR OF HAZARDOUS WASTE.
ON MARCH 7, 2011, EPA PERFORMED A COMPLIANCE EVALUATION INSPECTION (CEI) OF RESPONDENT'S FACILITY. THE FINDINGS OF THE CEI WERE DOCUMENTED IN A RCRA INSPECTION REPORT, DATED APR 27, 2011.
AT THE TIME OF THE CEI, RESPONDENT WAS STORING USED OIL IN BOTH ITS UPPER AND LOWER SHOP AREAS IN CONTAINERS, SOME OF WHICH WERE NOT LABELED WITH THE WORDS USED OIL.
EPA ALLEGES THAT RESPONDENT VIOLATED GA COMP R. & REGS 391-3-11-.17 (40 CFR 279.22(c)(1)) BY STORING USED OIL IN CONTAINERS THAT WERE NOT LABELED OR MARKED CLEARLY WITH THE WORDS USED OIL.
AT THE TIME OF THE CEI, INSPECTORS OBSERVED AN AEROSOL CAN, WHICH WAS NOT AT ZERO PRESSURE, DISPOSED OF IN THE TRASH DISTINED FOR THE MUNICIPAL LANDFILL. RESPONDENT HAD NOT MADE A HAZARDOUS WASTE DETERMINATION ON THIS SOLID WASTE