ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY CONSENT ADMINISTRATIVE ORDER

Transcription

1 ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF: QG PRINTING II CORPORATION 4708 KRUEGER DRIVE JONESBORO, ARKANSAS EPA ID No. ARD AFIN LIS 12- I CONSENT ADMINISTRATIVE ORDER This Consent Administrative Order (hereinafter "Order") is issued pursuant to the authority of the Arkansas Hazardous Waste Management Act, Ark. Code Ann ] et seq., the Arkansas Remedial Action Trust Fund Act, Ark. Code Ann et seq., and the Arkansas Pollution Control and Ecology Commission (hereinafter "APC&EC") Regulation 23, APC&EC Regulation 8, and APC&EC Regulation 7. The issues herein, as they pertain to QG Printing II Corporation, Jonesboro, Craighead County, Arkansas (hereinafter "QG Printing" or "Respondent") having been settled by the agreement of Respondent and the Arkansas Department of Environmental Quality (hereinafter "ADEQ"), it is hereby agreed and stipulated by all parties that the Findings of Fact and Order and Agreement be entered. FINDINGS OF FACT 1 QG Printing II Corporation is a publisher that, among other things prints, binds, and distributes magazines and catalogs. QG Printing operates a heatset web (paper) offset lithographic printing facility located at 4708 Krueger Drive, Jonesboro, Craighead County, Arkansas. There are ten (10) lithographic printing presses used in the printing process. The raw materials used in the heatset process are the web, inks, blanket wash, fountain solution, and general cleaning solvent. After the printing process is complete, the product is taken to the Bindery operations where it is cut, folded, assembled, bound, QG Printing 11 Corporation CAO Page 1

2 and packaged for shipping. The Bindery operations also include the use of glues for binding magazines and inserts. The Bindery inks and cleaning agents used are considered a characteristic and listed hazardous waste (D001, D007, & F003) when spent. 2. QG Printing reported as a Large Quantity Generator (hereinafter "LQG") of hazardous waste on their 2011 Hazardous Waste Annual Report. 3. On January 23 24, 2012, ADEQ conducted a routine Compliance Evaluation Inspection (hereinafter "CEI") at the QG Printing facility. 4. Based on the findings in the CEI, conditions were identified which constitute violations of APC&EC Regulation 23. The violations, as provided below, were identified in the CEI Report which was mailed to the Respondent on April 3, 2012, which is hereby incorporated by reference into this Order: a. During the CEI, while inspecting the Finishing Department, ADEQ noted that acetone rags were used in wiping down printer heads that print mailing labels for publications. The Respondent provided ADEQ a copy of the Material Safety Data Sheet (hereinafter "MSDS") for the acetone. The MSDS indicates the acetone is an ignitable (D001) hazardous waste when spent. The Respondent stated that if the spent acetone rags used to wipe down the printer heads are wet with spent acetone, they are laid out to dry and are then disposed of in an on-site solid waste dumpster and sent to the local landfill for disposal as a non-hazardous waste. Respondent failed to correctly determine if a solid waste is a hazardous waste. These actions constitute four (4) separate violations of APC&EC Regulation 23 2(c), , 270.1(c), and 268.7(a)(1). Consequently, these actions by Respondent are also a violation of Ark. Code Ann (1). b. During the CEI, while inspecting the Annex Building, ADEQ observed fourteen (14) mobile cleaning sink units which are used to clean inkjet printer heads (also known as mail heads). When the mail head attachment is washed with acetone in QG Printing II Corporation CAO Page 2

3 the mobile sink, the spent acetone (D001) used to clean the mail head attachment drops down into a container for collection. ADEQ also observed an additional twelve (12) mobile cleaning sink units in the Finishing Inkjet area of the Main Building. All twenty-six (26) of these containers are collecting the spent acetone from the mobile sink units which are considered satellite accumulation containers. All twenty-six (26) of these containers were open. In addition, in the Main Building, Press Numbers 2826 and 2827, each had a 55-gallon satellite accumulation container labeled "Hazardous Waste." The bung was open on these two (2) containers with a hose inserted into the bung; there was no active filling process but both containers held hazardous waste. The 26 containers collecting the spent acetone and the two (2) containers with a hose inserted into the bung constitute twenty-eight (28) violations of APC&EC Regulation (a) as referenced by (c)(1)(i). Consequently, these twenty-eight (28) actions by Respondent are also violations of Ark. Code Ann (1). c. As stated in paragraph 4e, ADEQ observed twenty-six (26) unlabeled mobile sink units containing spent acetone (D001). These omissions constitute twenty-six (26) violations of APC&EC Regulation (c)(1)(ii). Consequently, these twenty-six (26) omissions by Respondent are also violations of Ark. Code Ann (1). d. During the CEI, ADEQ observed that Respondent uses a Waste Water Treatment Unit (hereinafter "WWTU") that is exempt from RCRA permitting. The WWTU oil/water separator filters out the oil sludge from the processes and the sludge is shipped off as a hazardous waste while the treated wastewater is discharged through the Publicly Owned Treatment Works (POTW). However, the RCRA permitting exclusion applies only to the WWTU; it does not apply to the wastewaters while they are being collected, stored, or treated before discharge. Therefore, the wastewaters must be counted as generated waste prior to QG Printing II Corporation CAO Page 3

4 introduction into the WWTU. A review of the Respondent's 2011 Hazardous Waste Annual Report indicates that the Form GM does not reflect the correct amounts of printing press sump waste generated as the Annual Report does not document the on-site treatment process or the quantity of wastewaters treated under Section 2- On-site Waste Treatment. This omission is a violation of APC&EC Regulation (e). Consequently, this omission by Respondent is also a violation of Ark. Code Ann (1). e. During the CEI, ADEQ requested a review of Respondent's RCRA training documentation as required by APC&EC Regulation The review revealed that Respondent's Bindery employees had not completed their Annual RCRA Training. This omission constitutes five (5) violations of APC&EC Regulation (c) and (d)( I )-(4), as referenced by APC&EC Regulation (a)(4). Consequently, these omissions by Respondent are also a violation of Ark. Code Ann (1). f. During the CEI, while inspecting the Main Building, ADEQ observed three (3) totes staged at Press Numbers 2828, 2829, & These totes are considered 90- day containers because they are accepting hazardous waste from the sumps. According to the Respondent, the hazardous waste pumped into these totes comes from the associated print press pumps. These totes were not marked with an accumulation start date. In addition, the two (2) barrel pumps also held accumulation of hazardous waste from various other press sumps prior to pumping the waste to a tote located in the compaction room. These barrel pumps were not marked with an accumulation start date. In addition, there were three (3) more totes containing hazardous waste located in the compaction room. These totes were not marked with an accumulation start date. These omissions constitute eight (8) violations of APC&EC Regulation (a)(2). Consequently, QG Printing II Corporation CAO Page 4

5 these omissions by Respondent are also eight (8) violations of Ark. Code Ann (1). g. During the CEI, a records review revealed that weekly inspections were not being documented for 90-day storage containers (totes and barrel containers) referenced in paragraph 4m. The Respondent has failed to document weekly inspections which constitutes a violation of APC&EC Regulation as referenced by APC&EC Regulation (a)(1)(i). Consequently, this action of Respondent is also a violation of Ark. Code Ann (1). h. During the CEI, ADEQ observed thirteen (13) sumps accumulating hazardous waste from the (10) printing presses. These sumps were not acting as secondary containment for a tank but rather as the primary containment, along with their associated trenches, for waste storage at the presses. These sumps meet the definition of a tank and must be assessed and certified by an independent, qualified, Arkansas-registered professional engineer. Respondent stated there were no certifications conducted on the sumps. Respondent also stated that there had not been any inspections documented for these sumps. These omissions constitute thirteen (13) violations of APC&EC Regulation (a) and thirteen (13) violations APC&EC Regulation (g), as referenced by APC&EC Regulation (a)(1)(ii). Consequently, these omissions of Respondent also constitute thirteen (13) violations of Ark. Code Ann (1). 5. On April 27, 2012, ADEQ received an with an attached letter and photographs from Respondent stating the corrective actions taken at the facility. Also, the Respondent stated that the facility is set for closure in the early fall of The Respondent proposes closing the drain system and sumps, and they have begun the process of coordinating the scheduling and scope of this project with an external contractor. QC Printing II Corporation CAO Page 5

6 6. Respondent agrees to the following Order in full settlement and compromise of the violations of APC&EC Regulation 23 as stated herein. ORDER AND AGREEMENT WHEREFORE, in full settlement, Respondent and ADEQ do hereby stipulate and agree to the following: 1. Upon the effective date of this Order, Respondent shall comply with all provisions of APC&EC Regulation (a), as referenced by APC&EC Regulation (c)(1)(i), which states that a satellite accumulation container of hazardous waste be kept closed except when necessary to add or remove waste. Within thirty (30) calendar days of the effective date of this Order, Respondent shall submit to ADEQ photographs to document compliance. 2. Upon the effective date of this Order, Respondent shall comply with all provisions of APC&EC Regulation (c)(1)(ii) and mark all hazardous waste containers with either the words "Hazardous Waste" or other words that identify the contents. Within thirty (30) calendar days of the effective date of this Order, Respondent shall submit to ADEQ photographs to document compliance. 3. Within ninety (90) calendar days of the effective date of this Order, Respondent shall submit to ADEQ for review and approval, a revised 2011 Hazardous Waste Annual Report for all waste that was generated on-site, including but not limited to the quantity of waste from the on-site treatment process. 4. Upon the effective date of this Order, Respondent shall comply with all provisions of APC&EC Regulation (c), as referenced by APC&EC Regulation (a)(4), which states, "Facility personnel must take part in an annual review of the initial training." 5. Upon the effective date of this Order, Respondent shall comply with all provisions of APC&EC Regulation (d)(I), as referenced by APC&EC Regulation 23 QG Printing II Corporation CAO Page 6

7 262.34(a)(4), which states, "The owner or operator must maintain the job title for each position at the facility related to hazardous waste management and the name of the employee filling each job." 6. Upon the effective date of this Order, Respondent shall comply with all provisions of APC&EC Regulation (d)(2), as referenced by APC&EC Regulation (a)(4), which states, "The owner or operator must maintain a written description for each position that manages hazardous waste." 7. Upon the effective date of this Order, Respondent shall comply with all provisions of APC&EC Regulation (d)(3), as referenced by APC&EC Regulation (a)(4), which states, "The owner or operator must maintain a written description of the type and amount of both introductory and continuing training that will be given to each person filling a position that manages hazardous waste." 8. Upon the effective date of this Order, Respondent shall comply with all provisions of APC&EC Regulation (d)(4) as referenced by APC&EC Regulation (a)(4) which states, "The owner or operator must maintain records that document that the training or job experience required by Regulation have been given to and completed by facility personnel." 9. Within ninety (90) calendar days of the effective date of this Order, Respondent shall submit to ADEQ for review the documentation of Respondent's compliance with the RCRA training requirement. The documents also shall include compliance with the provisions of APC&EC Regulation (c), (d)(I), (d)(2), (d)(3), and (d)(4), as referenced by APC&EC Regulation (a)(4). 10. Upon the effective date of this Order, Respondent shall comply with all provisions of APC&EC Regulation (a)(2) which states that the date upon each period of accumulation begins must be clearly marked and visible for inspection on each container, r- - QG Printing II Corporation CAO Page 7

8 of hazardous waste. Within thirty (30) calendar days of the effective date of this Order, Respondent shall submit to ADEQ photographs to document compliance. 11. Upon the effective date of this Order, Respondent shall comply with all provisions of APC&EC Regulation , as referenced by APC&EC Regulation (a)(1)(i), which requires at least weekly inspection of areas where containers are stored looking for leaking containers and for deterioration of containers and the containment system caused by corrosion or other factors. Within thirty (30) calendar days of the effective date of this Order, Respondent shall submit to ADEQ copies of Respondent's weekly inspections since the date of the CEI to document compliance. 12. Respondent shall immediately cease hazardous waste use of and storage in RCRA noncompliant tanks and/or tank systems (sumps). Furthermore, Respondent shall immediately remove all hazardous waste from the tanks and/or tank systems (sumps) that are not in compliance with APC&EC Regulation as referenced by APC&EC Regulation (a)(1)(ii). 13. Within forty-five (45) calendar days of the effective date of this Order, Respondent shall submit to ADEQ for review and approval, a closure plan for the tanks and tank systems (sumps) that will satisfy the closure pertbrmance standard of APC&EC Regulation In compromise and full settlement of the violations specified in the Findings of Fact, Respondent agrees to pay a civil penalty of TWENTY-TWO THOUSAND EIGHT HUNDRED SEVENTY-FIVE DOLLARS ($22,875.00), or one-half of the penalty, ELEVEN THOUSAND FOUR HUNDRED THIRTY-SEVEN DOLLARS FIFTY CENTS ($11,437.50) if this Order is signed and returned to Karen Bernhardt, Enforcement and Inspection Branch, Hazardous Waste Division, ADEQ, 5301 Northshore Drive, North Little Rock, Arkansas , prior to 4:00 p.m. on August 8, 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 IINSININ QG Printing II Corporation CAO Page 8

9 Respondent fails to pay the civil penalty within the prescribed time, ADEQ shall be entitled to attorneys' fees and costs of collection. 15. 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. 16. All submittals required by the Order, excluding the requirement for the payment submittal in paragraph 14 above, shall be electronically ed to or submitted by Certified Mail or hand delivered, to Karen Bernhardt, Enforcement and Inspection Branch, ADEQ, 5301 Northshore Drive, North Little Rock, Arkansas All submittals shall be subject to applicable review fees pursuant to APC&EC Regulation 23 6(t). 18. 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 further the purpose of this Order. Respondent may change their Project Manager by providing written notice of such change to the ADEQ. The initial Project Manager shall be: Tom Estock QG Printing II Corporation 4708 Krueger Drive Jonesboro, Arkansas Ph No. (414) All requirements by the Order and Agreement are subject to approval by ADEQ. Unless otherwise specified herein, in the event of any deficiencies, Respondent shall, within the timeframe specified by ADEQ, submit any additional information or changes requested, or take additional actions specified by ADEQ to correct any such deficiencies. Failure to QG Printing II Corporation CAO Page 9

10 adequately respond to such Notice of Deficiency within the timeframe specified in writing by ADEQ constitutes a failure to meet the requirements established by this Order. 20. 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 fourteenth day: $250 per day b. Fifteenth day through the thirtieth day: $1,250 per day c. Each day beyond the thirtieth day: $2,500 per day 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. 21. 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 notify 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. 22. The 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. QG Printing 11 Corporation CAO Page 10

11 23. 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. 24. This Order is subject to public review and comments in accordance with Ark. Code Ann (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 APC&EC initiative or in the event a petition to set aside this Order is granted by the Commission. QG Printing II Corporation CAO Page 11

12 25. By virtue of the signature appearing below, Respondent's representative affirms that he or she is an Officer of QG Printing 11 Corporation being duly authorized to execute and bind the Respondent to the terms contained herein as attested by the secretary of said entity. Execution of this Order by an individual other than an Officer of QG Printing II Corporation shall be accompanied by a resolution granting signature authority to said individual as duly ratified by the governing body of the entity. SO ORDERED THIS DAY OF /2(, / TERESA MARKS DIRECTOR ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY APPROVED AS TO F QG PRINTING II BY: Signature Print or Type Name ANitig.EAL Title Date A0610bi 1, _ QG Printing II Corporation CAO Page 12