The �Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation, Termination or Suspension of Permits,� 40 C.F.R. Part 22 (July 1, 2000) , provide in 40 C.F.R. � 22.13(b) that when the parties agree to settle one or more causes of action before the filing of an Administrative Complaint, a proceeding may be simultaneously commenced and concluded by the issuance of a Consent Agreement and Final Order pursuant to 40 C.F.R. �22.18(b)(2) and (3). This proceeding was settled in such a fashion. The proposed penalty had a complaint been issued would have been $5,500.
Respondent Rad-Cure Corporation failed to identify PCB waste submitted to Safety-Kleen Systems, Inc. on January 8, 1999 for off-site disposal on EPA Manifest form 8700-22. Respondent submitted a drum of PCB waste for off-site disposal without identifying it as such on the manifest.