10/22/13 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $65,000, DUE WITHIN 30 DAYS. ON NOV 5, 2012, EPA AND KDEP PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI)AT THE FACILITY. DURING THE CEI, THE INSPECTOR OBSERVED:
- RESPONDENT WAS OPERATING A 55-GAL SATELLITE-ACCUMULATION CONTAINER FOR AEROSOL CAN IN BLDG 2 AND WAS OPERATING A SECOND SATELLITE ACCUMULATION CONTAINER OF D006 BAG HOUSE DUST UNDERNEATH THE BAG HOUSE OUTSIDE OF BLDG 3. NEITHER OF THSE SATELLITE-ACCUMULATION CONTAINERS WAS LABELED AS TO ITS CONTENTS OR WITH THE WORDS, HAZARDOUS WASTE OR WITH OTHER WORDS THAT IDENTIFY THE CONTENTS OF THE CONTAINERS. EPA ALLEGES RESPONDENT VIOLTED KRS 224.46-520 (RCRA 3005) BY STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS BECAUSE RESPONDENT FAILED TO ACHIEVE A REQUIREMENT OF THE CAA PERMIT EXEMPTION BY NOT COMPLYING WITH THE LABELING REQUIREMENTS SET FORTH IN 401 KAR 32:030 SECTION 5(1) (40 CFR 262.34(c)(1)(ii)).
- RESPONDENT HAD FAILED TO ADEQUATELY MAINTAIN THE TOP COATING ON THE FLOOR OF THE SECONDARY CONTAINMENT SYSTEM, THEREBY RENDERING IT INSUFFICIENTLY IMPERVIOUS. EPA ALLEGES RESPONDENT VIOLATED CONDITION NO. T-1 AND CONDITION NO. T-13 SETE FORTH IN RESPONDENT'S HAZ WASTE PERMIT UNDER GSTO2 (CONTAINER STORAGE AREAS) CONTAINER STORAGE IN BLDGS 2 AND 3: PART II - SPECIFIC CONDITIONS - MANAGEMENT OF HAZARDOUS WASTE IN CONTAINERS.
- RESPONDENT WAS STORING CONTAINERS OF D001 HAZ WASTE IN ROW 15 OF BLDG 2, WHICH WERE LEANING AND WERE ONLY PARTIALLY BANDED