THIS IS AN ACTION UNDER BOTH RCRA AND CWA. THE CWA VIOLATION IS FAILURE TO PREPARE A SPCC PLAN. THE RCRA VIOLATIONS ARE: FAILURE TO PREPARE A CONTINGENCY PLAN DETAILING EMERGENCY PROCEDURES, FAILURE TO CONDUCT AN ADEQUATE HAZARDOUS WASTE DETERMINATION FOR ONE WASTE STREAM, FAILURE TO CONDUCT HAZARDOUS WASTE TRAINING , FAILURE TO MAINTAIN A HAZARDOUS WASTE TRAINING PLAN, FAILURE TO DEVELOP A WRITTEN INSPECTION SCHEDULE AND TO RECORD THESE INSPECTIONS IN AN INSPECTION LOG OR SUMMARY, FAILURE TO HAVE A COMMUNICATION DEVICE, SUCH AS A TELEPHONE OR HAND-HELD TWO-WAY RADIO, NOT MORE THAN 100 FEET FROM THE HAZARDOUS WASTE STORAGE AREA AND ACCESSIBLE ALONG A CLEAR PATH, AND FAILURE TO POST ADEQUATE EMERGENCY INFORMATION AT THE NEAREST TELEPHONE TO A HAZARDOUS WASTE STORAGE AREA. THESE VIOLATIONS WERE IDENTIFIED AS PART OF A ROUTINE INSPECTION.
SETTLEMENT NEGOTIATIONS WERE INITIATED ON APRIL 2001, WHEN DRAFT COMPLAINT WAS MAILED TO CCT. EPA AND CCT MET SEVERAL TIMES TO DISCUSS PROPOSED PENALTY, FINAL SETTLEMENT AMOUNT, AND SEP.
THE CONSENT AGREEMENT AND ORDER TO SETTLE THIS CASE INCLUDES A CASH PENALTY OF $79,585, AND SEPs TOTALING $151,717. THE SEP INCLUDES TOW KEY COMPONENTS. CCT WILL FUND A HOUSEHOLD HAZARDOUS WASTE COLLECTION DAY FOR THE TOWN OF BEDFORD, NH. CCT WILL SECURE A CONTRACT TO CONDUCT HAZARDOUS WASTE COLLECTION BY SEPTEMBER 30, 2002. CCT WILL PURCHASE EMERGENCY RESPONSE EQUIPMENT, COMPUTER SOFTWARE AND SOFTWARE UPGRADES FOR THE BEDFORD FIRE DEPARTMENT. THESE ADDIT