9/27/12 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $80,000, PLUS INTEREST, DUE IN INSTALLMENT PAYMENTS. THE FIRST PAYMENT IS DUE WITHIN 30 DAYS AND THE FINAL PAYMENT IS DUE WITHIN 300 CALENDAR DAYS.
ALLEGATIONS:
ON DEC 13, 2010, THE EPA AND THE GAEPD CONDUCTED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) AT THE FACILITY TO DETERMINE THE FACILTY'S COMPLIANCE STATUS WITH RCRA (DEC 2010 CEI).
ON JULY 26, 2011, THE EPA CONDUCTED A FOLLOW-UP CEI AT THE FACILITY (JULY 2011 CEI).
RESPONDENT OPERATES A TANK THAT CONTAINED HAZ WASTE AND IS PART OF A TANK SYSTEM .
AT THE TIME OF BOTH THE DEC 2010 CEI AND THE JULY 2011 CEI, RESPONDENT HAD NOT PROPERLY DETERMINED THE TOTAL ORGANIC CONTENT OF ITS HAZ WASTE CONTAINED IN THE HAZ WASTE STORAGE TANK OUTSIDE THE FACILITY'S PRODUCTION BUILDING.
IN AUG 2012, RESPONDENT DETERMINED THAT THE TOTAL ORGANIC CONCENTRATION IN ITS HAZ WASTE STREAM IS GREATER THAN 10 PERCENT.
AT THE TIME OF BOTH THE DEC 2010 CEI AND THE JULY 2011 CEI, RESPONDENT HAD NOT MARKED EACH PIECE OF EQUIPMENT IN SUCH A MANNER THAT THEY CAN BE DISTINGUISHED READILY FROM OTHER PIECES OF EQUIPMENT, NOR KEPT SUFFICIENTLY DETAILED RECORDS ABOUT EACH PIECE OF EQUIPMENT.
EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED GA COMP R & REGS 391-3-11.10(1) (40 CFR 265.1050(c) AND .1064).
AT THE TIME OF BOTH THE DEC 2010 CEI AND THE JULY 2011 CEI, RESPONDENT HA DNOT DETERMINED THE MAXIMUM ORGANIC VAPOR PRESSURE OF THE HAZ WASTE CONTAINED IN THE HAZ WASTE S