ARKANSAS DEPARTMENT OF ENVIRONMENTAL, QUALITY

Transcription

1 ARKANSAS DEPARTMENT OF ENVIRONMENTAL, QUALITY IN THE MATTER OF: TEAM WARD, INC. d.b.a. WAR EAGLE BOATS 2039 HIGHWAY 35 EAST MONTICELLO, ARKANSAS EPA ID No. ARR AFIN CONSENT ADMINISTRATIVE ORDER This Consent Administrative Order (hereinafter "Order") is issued pursuant to the authority of the Arkansas Hazardous Waste Management Act (Act 406 of 1979, as amended; A.C.A gj sea.), and the Arkansas Pollution Control and Ecology Commission (hereinafter "APC&EC") Regulation No. 23, APC&EC Regulation No. 8, and APC&EC Regulation No. 7. The issues herein, as they pertain to Team Ward, Inc. d.b.a. War Eagle Boats, Monticello, Drew County, Arkansas (hereinafter "War Eagle Boats" or b'respondent") having been settled by the agreement of Respondent and the Arkansas Department of Environmental Quality - Hazardous Waste Division (hereinafter "ADEQ"), it is hereby agreed and stipulated by all parties that the Findings of Fact and Order and Agreement be entered herein. FINDINGS OF FACT 1. War Eagle Boats, located at 2039 Highway 35 East, Monticello, Arkansas, (hereinafter "the Site") owns and operates an aluminum boat manufacturing facility. War Eagle Boats has operated at the Site since The boat manufacturing process at the Site begins by cutting and forming all the parts of the boats from rolls of aluminum sheets. Plasma cutters, break presses, and welding units are utilized to cut, form, and assemble the boat sections. Once the fabrication of each boat has

2 been accomplished, it is then primed and painted. Painting the assembled boat involves buffing and etch washing to prepare the surface for primer and finished painting. Three (3) paint booths are utilized by facility personnel with hand held paint guns to prime and paint each boat. Stencils are used to create custom and camouflage designs. Cans of spray paint are used as needed for touch up work. On February 10, 2010, ADEQ received an anonymous complaint concerning War Eagle Boats. The complainant alleged that numerous drums of paint andlor waste were observed to be open, leaking, and in generally poor condition. On March 3,2010, ADEQ conducted a Complaint Investigation and Compliance Evaluation Inspection (hereinafter "CEI") at the War Eagle Boats facility. Based on the findings of the CEI on February 10, 2010, conditions were identified which ADEQ constitutes as violations of APC&EC Regulation No. 23. The violations, as provided below, were identified in the CEI Report which was mailed to the Respondent on April 21, 2010, which is hereby incorporated by reference into this Order: a. APC&EC Regulation No. 23 Section Failure to make a proper hazardous waste determination. b. APC&EC Regulation No. 23 Section (a) - Failure of a generator to obtain an EPA ID number prior to treating, storing, disposing of, transporting or offering for transport of hazardous waste. c. APC&EC Regulation No. 23 Section 262,34(f) -Storing hazardous waste on-site for greater than one hundred eighty (180) days. d. APC&EC Regulation No. 23 Section (a)(3) - Failure to label or mark clearly each container with the words "hazardous waste" while being accumulated on-site. e. APC&EC Regulation No. 23 Section (a)(2) - Failure to clearly mark the date upon which each period of accumulation begins. Page 2 of 10

3 f. APC&EC Regulation No. 23 Section The owner or operator must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency. g. APC&EC Regulation No. 23 Section (a) - A container holding hazardous waste must always be closed during storage, except when it is necessary to add or remove waste. h. APC&EC Regulation No. 23 Section Failure to transfer the hazardous waste from a container that is not in good condition, or leaking, to a container in good condition. 1. APC&EC Regulation No. 23 Section Failure to inspect, at least weekly, areas where hazardous waste containers are stored. On May 19,2010, ADEQ received a letter from War Eagle Boats dated May 17,2010. The Respondent's letter was in reference to the violations cited in the CEI and Complaint Investigation of March 3, Included in the Respondent's letter is a list of corrective measures that War Eagle Boats has taken as well as photographic documentation and their up to date "Hazardous Waste Policy." On May 20,2010, ADEQ was informed by the Respondent that they are submitting copies of their weekly inspection sheets. On May 21,2010, ADEQ received the Respondent's EPA Notification Form (AR-5- OOR) which fulfills the requirements of APC&EC Regulation No. 23 Section (a) Respondent agrees to the following Order in full settlement and compromise of the violations of APC&EC Regulation No. 23 as stated herein. Page 3 of 10

4 ORDER AND AGREEMENT 1. Henceforth, Respondent shall comply with all provisions of APC&EC Regulation No. 23, Section for determining if a solid waste is a hazardous waste. Within thirty (30) calendar days of the effective date of this Order, Respondent shall submit to ADEQ, a list of all waste streams generated at the facility. Additionally, Respondent shall include documentation of the waste determinations made (i.e. analytical or knowledge of process) and the waste code(s) for each waste stream. If the waste meets the definition of a hazardous waste it must then be managed properly under standards which include the accumulating, manifesting, handling, transporting, and record keeping requirements of APC&EC Regulation No. 23, Section 262. Furthermore, Respondent shall keep copies of records pertaining to test results, waste analyses, andlor other determinations made for all solid waste generated on-site for a period of not less than three (3) years. 2. Henceforth, Respondent shall comply with the provisions of APC&EC Regulation No. 23, Section and ensure that hazardous waste is transferred from a container that is not in good condition or leaking into a container that is in good condition. 3. Henceforth, Respondent shall comply with the provisions of APC&EC Regulation No. 23, Section and maintain adequate aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of the facility. 4. Henceforth, Respondent shall comply with the provisions of APC&EC Regulation No. 23, Section (a)(3) and label or mark clearly each container with the words "hazardous waste" while being accumulated on-site. 5. Henceforth, Respondent shall clearly mark and make visible for inspection, the date upon which each period of accumulation begins on each container of hazardous waste being held on-site according to APC&EC Regulation No. 23, Section (a)(2). Page 4 of 10

5 6. Henceforth, Respondent shall ensure that all containers of hazardous waste are closed except when necessary to add or remove waste according to APC&EC Regulation No. 23, Section (a). 7. Upon the effective date of this Order, Respondent shall comply with all provisions of APC&EC Regulation No. 23 Section (f) and not store hazardous waste on-site for greater than one hundred eighty (180) days. 8. Within ten (10) calendar days of the effective date of this Order and henceforth, Respondent shall properly dispose of all accumulated hazardous waste that has been on-site greater than one hundred eighty (180) days. Respondent shall ensure that the hazardous waste has been shipped on a manifest to a permitted treatment, storage, or disposal facility via a licensed hazardous waste transporter. 9. Respondent shall, within thirty (30) calendar days of the effective date of this Order, submit to ADEQ, copies of all manifests for all hazardous waste shipped off-site pursuant to this Order. 10. Henceforth, Respondent shall continue to conduct and document weekly inspections of all hazardous waste containers being held on-site. Furthermore, within forty-five (45) calendar days of the effective date of this Order, Respondent shall submit to ADEQ documentation of weekly inspections of the hazardous waste containers for the thirty (30) days following the effective date of the Order. Respondent shall at all times maintain copies of hazardous waste container weekly inspection sheets in the active facility files for a period of not less than three (3) years. Upon the effective date of this Order, Respondent shall conduct an Internal Compliance Audit of all hazardous waste management units and related activities. The Internal Compliance Audit shall be of sufficient scope to identify any instances of noncompliance Page 5 of 10

6 with applicable hazardous waste management requirements, whether identified by the aforementioned CEI Report or not. 12. Respondent shall, within ten (10) calendar days of the effective date of this Order, implement such actions as are necessary to achieve and maintain compliance with the requirements of APC&EC Regulation No. 23 for all instances of noncompliance including, but not limited to, the violations identified in the CEI Report and the Internal Compliance Audit. 13. Respondent shall submit a report to ADEQ describing actions taken to achieve and maintain compliance with respect to any instances of noncompliance detected by either the CEI Report or the Internal Compliance Audit. The report will be due thirty (30) calendar days from the effective date of this Order. The report will be subject to ADEQ approval. If ADEQ does not approve the report, in whole or in part, because the actions taken by Respondent were insufficient to achieve compliance with applicable requirements, Respondent shall undertake any reasonable additional actions identified by ADEQ in order to achieve and maintain compliance with the applicable requirements. 14. Respondent shall, within sixty (60) calendar days of the effective date of this Order, conduct a Pollution Prevention Study to investigate ways to reduce the amount of waste fiom the facility. Respondent shall submit a Report of Findings to ADEQ within ninety (90) calendar days of the effective date of this Order. 15. In compromise and full settlement of the violations specified in the Findings of Fact, Respondent agrees to pay a civil penalty of ($36,312.50) THIRTY-SIX THOUSAND THREE HUNDRED TWELVE DOLLARS FIFTY CENTS, or one-half of the penalty, ($18,156.25) EIGHTEEN-THOUSAND ONE HUNDRED FIFTY-SIX DOLLARS TWENTY-FIVE CENTS if this Order is signed and returned to Richard Healey, Enforcement and Inspection Branch, Hazardous Waste Division, ADEQ, 5301 Northshore Drive, North Little Rock, Arkansas , prior to 4:00 p.m. on July 23, 2010.

7 Payment is due within thirty (30) calendar days of the effective date of this Order. Such payment shall be made payable to the ADEQ, Attention: Fiscal Division, 5301 Northshore Drive, North Little Rock, Arkansas In the event that Respondent fails to pay the civil penalty within the prescribed time, ADEQ shall be entitled to attorneys' fees and costs of collection. 16. All submittals shall be subject to applicable review fees pursuant to APC&EC Regulation No. 23, Section 6(t). 17. Respondent shall submit to ADEQ one (1) electronic and one (1) hard copy of all reports, documents, plans or specifications required under the terms of this Order. 18. All submittals required by this Order, excluding the requirement for the payment submittal in paragraph 15 above, shall be electronically ed to Richard Healey, at electronic mail address healevr0,adeq.state.ar.u~ or submitted by Certified Mail or hand delivered, to Richard Healey, Enforcement and Inspection Branch, Hazardous Waste Division, ADEQ, 5301 Northshore Drive, North Little Rock, Arkansas Respondent hereby designates a Project Manager who shall be responsible for overseeing the implementation of the requirements of this Order. The Project Manager shall communicate with ADEQ on all technical issues which arise under this Order and shall be empowered to agree on minor modifications in the implementation of any of the requirements of this Order when such modifications are deemed by ADEQ to firher the purpose of this Order. Respondent may change their Project Manager by providing written notice of such change to ADEQ. The initial Project Manager shall be: Mike Ward, President Team Ward, Inc. d.b.a. War Eagle Boats 2039 Highway 35 East Monticello, Arkansas Ph NO. (870)

8 20. All requirements of this Order are subject to approval by ADEQ. In the event of any deficiencies, Respondent shall, within thirty (30) calendar days of the receipt of written notification by ADEQ, submit any additional information or changes requested, or take additional actions as specified by ADEQ. Failure to adequately respond to the Notice of Deficiency within thirty (30) calendar days constitutes a failure to meet a deadline and subjects Respondent to the stipulated penalties established in paragraph 23 below, provided that such notice clearly declares that failure to respond within thirty (30) calendar days of receipt is a failure to meet requirements established by this Order. 21. If Respondent fails to submit to ADEQ any reports or plans, or meet any other requirement of this Order within the applicable deadline established in the Order, ADEQ may assess stipulated penalties for delay in the following amounts: a. First day through the tenth day: $500/day or less b. Eleventh day through the twentieth day: $750/day or less c. Twenty-first day through the thirtieth day: $1,00O/day or less d. Each day beyond the thirtieth day: $2,50O/day or less These stipulated penalties may be imposed for delay in scheduled performance and shall be in addition to any other remedies or sanctions which may be available to ADEQ by reason of Respondent's failure to comply with the requirements of this Order. 22. If any event occurs, including but not limited to Natural Disasters, which causes or may cause delay in the achievement of compliance by Respondent with the requirements of this Order, Respondent shall noti@ ADEQ, in writing, as soon as reasonably possible after it is apparent that a delay will result, but in no case after the deadline has passed. The written notice shall describe in detail the anticipated length of delay, the precise cause of delay, the measures taken and to be taken to minimize the delay, and the timetable by which those measures are implemented. Page 8 of 10

9 23. ADEQ may grant a written extension of any provision of this Order, provided that Respondent requested such an extension in writing and provided that the delay or anticipated delay has been caused by circumstances beyond the control of and without the fault of Respondent. The time for performance may be extended for a reasonable period but, in no event longer than the period of delay resulting from such circumstances. The burden of proving that any delay is caused by circumstances beyond the control of and without fault of Respondent and the length of delay attributable to such circumstances shall rest with Respondent. 24. Nothing contained in this Order shall be construed as a waiver of ADEQ's enforcement authority over violations not specifically addressed herein; nor does this Order exonerate past, present, or future conduct which is not expressly addressed herein. Nothing contained herein shall relieve Respondent of any other obligations imposed by any local, state, or federal laws, nor shall this Order be deemed in any way to relieve Respondent of its responsibilities for obtaining or complying with any necessary permits or licenses. 25. This Order is subject to public review and comments in accordance with A.C.A. Section (d) and is therefore not effective until thirty (30) calendar days after public notice of the Order is given. ADEQ retains the' right and discretion to rescind this Order based on comments received within the thirty-day public comment period or based on any other considerations which may subsequently come to light. Additionally, this Order is subject to being reopened upon Arkansas Pollution Control & Ecology Commission initiative or in the event a petition to set aside this Order is granted by the Commission. 26. This Order shall apply to and be binding upon ADEQ and upon Respondent, their successors and assigns. Any changes in ownership or corporate status of Respondent, including, but not limited to, and transfer of shares, assets or other real or personal property, shall in no way alter Respondent's obligations under this Order. Page 9 of 10

10 < L 27. Each of the undersigned representatives of the parties certifies that he or she is authorized to execute this Order and to legally bind that party to its terms and conditions. SO ORDERED THIS TERESA MARKS DIRECTOR APPROVED AS TO FORM AND CONTENT: TEAM WARD (d.b.a. WAR BY: Signature Print or Type Name Title Date &,den+ Page 10 of 10