9/24/14 - CONSENT AGREEMENT AND FINAL ORDER, ASSESSING A PENALTY OF $59,925, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON OR ABOUT MARCH 12, 2010, RESPONDENT PROVIDED ROBBIE D. WOOD, A HAZARDOUS WASTE TRANSPORTER, WITH A TRANSPORT VEHICLE LOADED WITH PCB MATERIALS AND HAZARDOUS WASTE. ALTHOUGH INTENDED FOR DISPOSAL AT A TEXAS HAZARDOUS WASTE DISPOSAL FACILITY, DUE TO MANIFESTING AND DISPATCHING ERRORS, THE CONTENTS OF THE TRANSPORT VEHICLE WERE TRANSPORTED TO THE PECAN ROW SOLID WASTE LANDFILL IN VALDOSTA, GA, FOR VALDOSTA, GA FOR DISPOSAL.
40 CFR 761.40(b) REQUIRES THAT ANY TRANSPORT VEHICLE LOADED WITH PCB CONTAINERS THAT CONTAIN MORE THAN 45 kg OF LIQUID PCBs AT CONCENTRATIONS OF GREATER THAN OR EQUAL TO 50 PPM BE MARKED ON EACH END AND EACH SIDE WITH THE ML MARK AS DESCRIBED AT 40 CFR 761.45(a).
ACCORDING TO INFORMATION OBTAINED BY THE EPA, ON OR ABOUT MAR 12, 2010, RESPONDENT PROVIDED ROBBIE D. WOOD, A HAZ WASTE TRANSPORTER, WITH A TRANSPORT VEHICLE LOADED WITH PCB CONTAINERS THAT CONTAINED MORE THAN 45 KG OF LIQUID PCBs AT CONCENTRATIONS OF GREATER THAN OR EQUAL TO 50 PPM. THE TRANSPORT VEHICLE WAS NOT MARKED ON EACH END AND EACH SIDE WIT THE ML MARK AS DESCRIBED IN 40 CFR 761.45(a), THEREFORE, THE RESPONDENT VIOLATED 40 CFR 761.40(b).
40 CFR 761.208(3) REQUIRES THAT WHENEVER AN OFFSITE SHIPMENT OF PCB WASTE IS INITIATED FROM A COMMERCIAL STORAGE FACILITY, THE OWNER OR OPERATOR OF THE COMMERCIAL STORAGE FACILITY SHALL COMPLY WITH THE MANIFEST REQUIREMENTS THAT APPL