Division of Solid Waste Enforcement Update Underground Storage

Division of Solid Waste Enforcement Update Underground Storage Tanks and Solid Waste Disposal Control Board August 5, 2020 Mark Jordan, Environmental Consultant

ENFORCEMENT OVERVIEW • The Division of Solid Waste Management (DSWM) issued nine Hazardous Waste Orders, and no Solid Waste Orders, between February 3, 2020 and July 27, 2020. • From the previous Board meeting, two Hazardous Waste Orders, and three Solid Waste Orders require updates.

Final HW Directors Order – Closed Summary of Hazardous Waste Order HWM 19 -0027 Fac. ID No. TND 982165136/Shelby County-Memphis City Schools • Director's Order Signed February 7, 2020 • Order for: • HW and UW container labeling and dating • Improper container storage and aisle space • Failure to conduct HW determinations • Storage in excess of 180 days • Civil Penalty – $11, 300. 00 • Resolution: Corrective actions implemented and penalty paid. Case is closed.

Final HW Directors Order – Closed Summary of Hazardous Waste Order HWM 19 -0035 Fac. ID No. TND 000772186/Tradebe Treatment/Recycling • Director's Order Signed February 13, 2020 • Order for: • Storage Permit TNHW-103 container management violations • Storage Permit TNHW-103 capacity violations • UW and Used Oil container management violations • Storage in excess of 180 days • Civil Penalty – $28, 840. 00 • Resolution: Corrective actions implemented and penalty paid. Case is closed.

Final HW Directors Consent Order – Closed Summary of Hazardous Waste Order HWM 19 -0026 Fac. ID No. TND 120603170/Penn. AKem, LLC • Director's Order Signed February 14, 2020 • Order for: • HW container labeling and handling violations • Weekly inspection failures and recordkeeping • Failure to maintain HW containers in good condition • Failure to have PE certification for storage tanks • Civil Penalty – $7, 920. 00 • Resolution: Corrective actions implemented and penalty paid. Case is closed.

Final HW Directors Order – Closed Summary of Hazardous Waste Order HWM 20 -0003 Fac. ID No. TNR 000017970/Ken Garner Mfg. Co. Inc. • Director's Order Signed April 21, 2020 • Order for: • HW and Used Oil container labeling and dating • Inadequate aisle space • Failure to inspect storage areas since 2018 • Inadequate employee training records • Incomplete Facility Emergency Contingency Plan • Civil Penalty – $21, 900. 00 • Resolution: Corrective actions implemented and penalty paid. Case is closed.

Final HW Directors Order – Closed Summary of Hazardous Waste Order HWM 19 -0044 Fac. ID No. TNR 000031054/MC Ionic Solutions • Director's Order Signed May 20, 2020 • Order for: • HW and Used Oil container dating and labeling • Failure to provide weekly inspection records of storage area • Failure to conduct daily tank inspections • Failure to maintain copies of manifests • Civil Penalty – $12, 400. 00 • Resolution: Corrective actions implemented and penalty paid. Case is closed.

Final HW Directors Order – Closed Summary of Hazardous Waste Order HWM 19 -0048 Fac. ID No. TNR 000042978/TS-USA • Director's Order served May 26, 2020 • Order for: • Incompatible HW container usage and aisle space • Failure to conduct HW determinations • Storage in excess of 90 days • Failure to label HW tanks and to have PE certification for HW storage tanks • Failure to provide HW training to employees • Civil Penalty – $31, 550. 00 • Resolution: Corrective actions implemented and penalty paid. Case is closed.

Final HW Directors Consent Order – Final Summary of Hazardous Waste Order HWM 19 -0016 Fac. ID No. TNR 000045377/City of Trenton • Director's Order Signed February 24, 2020 • Order for: • Failure to conduct HW determinations • Treating UW waste • Operating without facility identification number • Operating a solid waste facility without a permit • Contingent Civil Penalty – $9, 450. 00 • Resolution: Facility has ceased accepting waste. Deadline for Corrective Action Plan extended to September 1, 2020.

HW Directors Order – Appealed Summary of Hazardous Waste Order HWM 19 -0046 Fac. ID No. TNR 000045880/Leonard Plating Company • Director's Order Signed May 26, 2020 • Order for: • Failure to conduct HW determinations • Failure to obtain Facility Identification Number • Failure to notify of hazardous waste stream generation • Failure to conduct weekly inspections • Failure to notify local response agencies • Contingent Civil Penalty – $12, 850. 00 • Resolution: Case appealed June 25, 2020.

HW Directors Order – In Process Summary of Hazardous Waste Order HWM 20 -0007 Fac. ID No. TNR 000001420/Chattem Chemicals Warehouse • Director's Order Signed June 22, 2020 – not Served until July 16, 2020 • Order for: • HW container labeling and dating • Failure to conduct HW determinations • Storage in excess of 90 days • Incomplete weekly inspection logs • Civil Penalty – $18, 600. 00 • Resolution: Order not Final until August 16, 2020.

Final HW Directors Order Update – Closed Summary of Hazardous Waste Order HWM 19 -0028 Fac. ID No. TND 980847024/Excel TSD of Tennessee, LLC • Director's Order Signed January 23, 2020 • Order for: • HW and UW container labeling and dating • Improper container storage and aisle space • Exceeding permitted storage capacity • Secondary containment maintenance • Civil Penalty – $7, 010. 00 • Resolution: Order not final until February 23, 2020. • Update: Penalty paid on February 21, 2020 – Case is Closed.

Appealed HW Directors Order Update – Settlement Summary of Hazardous Waste Order HWM 18 -0038 Fac. ID No. TND 982123317/Kasai North America, Inc. • Director's Order signed August 7, 2019 • Appealed on September 13, 2019 • Order for: • Container management and labeling • Waste handling • Inspections and record keeping • Personnel training • Unlawful disposal, long-term release of hydraulic oil • Civil Penalty – $78, 700. 00 • Resolution: In recognition of the effort and costs associated with addressing the leak of hydraulic oil, a settlement of $40, 350. 00 has been accepted.

Final SW Order Update – In Process Summary of Solid Waste Order SWM 19 -0003 Fac. ID No. NRS 690000019/198 Perdue Road • Directors Order signed May 3, 2019 • Final on July 14, 2019 • Order for: • Illegal tire disposal • Contingent Civil Penalty – $12, 000. 00 • Resolution: This case has been referred to Fiscal Services for collection of civil penalty • Update: The tires have not been removed. Of the five original Respondents, one is deceased, one is currently in prison and one could not be served. The Division of Fiscal Services is attempting to collect the contingent penalty from the remaining two Respondents.

Final SW Consent Order Update – Closed Summary of Solid Waste Order SWM 18 -0011 Fac. ID No. SNL 630000108 and DML 630000070 / Bi-County Old Balefill and Demolition Landfill • Directors Consent Order Entered on May 22, 2019 • Order for: • Leachate collection and management • Erosion control measures • Storm water management • Contingent Civil Penalty – $38, 800. 00 • Resolution: Three of three corrective measures are being implemented and completion is anticipated prior to October 31, 2019 deadline • Update: Installation of (1) LFG collection wells, (2) LFG piping and (3) Rain Cover are complete. Case is Closed.

Final SW Consent Order Update – In Process Summary of Solid Waste Order SWM 18 -0013 Fac. ID No. DML 630000103/Bi-County Class III Landfill • Directors Consent Order Entered on May 22, 2019 • Order for: • Leachate collection and management • Erosion control measures • Storm water management • Contingent Civil Penalty – $25, 300. 00 • Resolution: Five of eight corrective measures have been completed. Completion of the three remaining is anticipated prior to October 31, 2019 deadline. • Update: Major Permit Modification is being prepared to change Slope and Let-Down Structures. This will address the three remaining corrective measures.

Questions? Mark Jordan – (615)532 -0675 Email: mark. a. jordan@tn. gov