Quattlebaum. Groon1s & Tull A PROFESSIONAL LIMITED LIABILITY COMPANY I I I Center S l r~cl Suite 1900 Lillie Rock, Arkansas 7220 I

Transcription

1 William A(AI) Eckert III Quattlebaum. Groon1s & Tull A PROFESSIONAL LIMITED LIABILITY COMPANY I I I Center S l r~cl Suite 1900 Lillie Rock, Arkansas 7220 I ~~<r:~fm fi] OCT (501 ) (50 I) Fax..kt:)---3dlj_9.~.. AFIN: lo ~- 001 S 5 Direcl Dial PUTt: l),2f.rl~si-c:/. Direct Fax OCT aeckert@qgtlaw.com October, REC'DSCAN L 7 12 Tammy Hynum Office of Land Resources Arkansas Department of Environmental Quality 5301 Northshore Drive North Little Rock, AR Re: Proposed Consent Administrative Order Saline County Landfill Permit No S1-R2 / AFIN DOCIDl: 7D530 TO: 7 H"7 rio" <: dj:l) SWMD via hand delivery Dear Tammy:,t. In response to the discussions of our meeting of September 20 th of the issues raised in ADEQ's Quarterly Inspection Report of July 13, 2016, as to the acceptance of waste from the Kiswire Pine Bluff, Inc. facility, BFI Waste Systems of Arkansas, LLC submits for your review a draft Consent Administrative Order (CAO) in resolution of the alleged violations. This proposed order addresses in the Order and Agreement section the corrective actions discussed and agreed to in the September 20 th meeting. I have not included a proposed civil penalty, as we have not discussed a civil penalty for settlement or reviewed a Regulation No.7 penalty calculation sheet. Please review this proposed order and provide your comments and revisions. Hopefully we can reach agreement and expedite settlement of this matter. Please call if you have any questions or comments. Sincerely, QUATTLEBAUM, GROOMS & TULL PLLC Al Eckert Attorneysfor Republic Services

2 ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF: BFI Waste Systems of Arkansas, LLC W. Sardis Road Bauxite, AR LIS Permit No SI-R2 AFIN This Consent Administrative Order ("Order") is issued pursuant to the authority of the Arkansas Solid Waste Management Act, Ark. Code Ann , et seq., and the regulations issued thereunder by Arkansas Pollution Control Ecology Commission ("APC&EC"). The issues having settled by the agreement of BF! Waste Systems of Arkansas, ("BF!") and the Department of Environmental Quality ("ADEQ" or "Department"), it is hereby PU1<U,"U that the following FINDINGS OF and ORDER AND AGREEMENT be FINDINGS OF FACT 1. operates the Saline County Class 1 Landfill located in Bauxite, Saline County, Arkansas. 2. is regulated pursuant to Arkansas Solid Waste Management Act, Arkansas Pollution Control & Ecology Commission Regulation No. and the terms and conditions of Permit No. 261-S l-r2 for the operation of a solid waste disposal facility. 3. Kiswire Pine Bluff, Inc. ("Kiswire") located at 5100 Industrial Drive South in Pine Bluff, Arkansas produces wire used in the construction of automobile process of the production of wire includes the being electroplated with zinc and copper, and Kiswire previously used cyanide in the which wastewaters treatment sludge. This sludge is separated from liquids in a filter press and the resulting wastewater treatment filter cake was accumulated in roll-off for

3 transportation off-site as a listed hazardous waste generated by electroplating wastewater (F006) and electroplating waste contaminated with cyanide (F008). Kiswire subsequently discontinued the use of cyanide in the electroplating process for the steel core production line, and prior to the transport of the electroplating wastewater filter to the Saline County Class 1 Landfill for disposal, Kiswire the detennination that removal of cyanide from the electroplating would remove both the F006 and F008 waste from the electroplating wastewater treatment sludge as a listed hazardous waste. 4. On September 17, 2015, CIS Services, Inc. ("CIS"), agent and transporter for Kiswire, entered into an Agent Special Waste Service Agreement-Non-Hazardous Wastes with BFI for the disposal of non-hazardous wastewater filter cake pursuant to the approved Special Waste Profile No , which was consistent with BFI's Hazardous and Unauthorized Waste Exclusion Plan to confirm that waste streams generated by Kiswire and transported by CIS are acceptable for disposal at the Saline County Class 1 Landfill. 5. In accordance with the pre-acceptance procedure set forth in BFI's Hazardous and Unauthorized Waste Exclusion Plan, Kiswire submitted the Special Waste Profile to BFI certifying that the wastewater treatment filter cake was a non-hazardous waste. Special Waste Profile indicated that the waste did not contain concentrations of listed hazardous waste and included a Sample Report, which confinned the wastewater treatment filter was not a characteristic hazardous waste as defined in Arkansas Pollution Control & Ecology Commission Regulation No. 6. Based on the certified representations in the Special Waste Profile and the Sample Analysis Report submitted to BFI by Kiswire, from on or about September 18, 2015 until June 16, BFI accepted from one thousand four hundred Page 2 of8

4 (l,400) tons of wastewater treatment filter cake as a non-hazardous waste for disposal at the Saline County Class 1 Landfill. The total wastewater treatment filter cake received by BFI from Kiswire represented less than one percent (l %) of the total volume of solid waste received at the Saline County Class 1 Landfill during the same time period. 7. On April 24, 2016, in an inspection of the Kiswire facility in Pine Bluff, Arkansas ADEQ identified errors by Kiswire in the waste characterization of the wastewater treatment filter cake and communicated the errors to Kiswire on June 22, On that date, ADEQ informed Kiswire in its Hazardous Waste Compliance Evaluation Inspection Report ("CEI") dated April 27, 2061, that electroplating wastewater treatment sludge may only be delisted pursuant to the requirements of 40 CFR and Arkansas Pollution Control & Ecology Commission Regulation No. 23, Section 261, Appendix IX. At the time of the CEI, no deli sting for F006 listed hazardous waste generated by Kiswire was identified in Commission Regulation No. 23, Section 261, Appendix IX. Although the wastewater filter cake was not a characteristic hazardous waste as confirmed by the Sample Analysis Report submitted by Kiswire to BFI, the wastewater filter cake delivered to the Saline County Class 1 Landfill was, by regulatory definition, a listed hazardous waste (F006). 8. Arkansas Pollution Control & Ecology Commission Regulation No provides for the procedures for excluding the receipt of hazardous waste and unauthorized waste at a solid waste disposal facility. On Julyl3, 2016, ADEQ conducted a quarterly inspection of the Saline County Class 1 LandfIll and informed BFI of the alleged violation of Section 3.0 and Section 8.0 of BFl's Hazardous Unauthorized Waste Exclusion Plan and Emergency Action Plan by the acceptance and disposal of a listed hazardous waste (F006) at the Saline County Class 1 Landfill. Page 3 of8

5 9. was notified ADEQ disposal of a listed waste by during quarterly of the County 1 Landfill, and pursuant to the Hazardous and Unauthorized Waste Exclusion Plan BFI began development of a Contingency Plan by informing that all loads incoming wastewater treatment filter cake were suspended and the Special Waste Profile was cancelled. In order to prepare a response to ADEQ BFI initiated an assessment of all with regard to the disposal of wastewater filter cake at the Saline County Class Landfill by Kiswire. On August 19, 2016, submitted a written to ADEQ with regard to the alleged violations set forth in the letter of August 3,2016, and the set forth quarterly inspection report. Without or denying liability as to the alleged violation the Findings Fact section herein, and in full compromise and settlement of all set forth herein, ADEQ and BFI to the following: WHEREFORE, the parties stipulate and agree as follows: 1. Within sixty (60) days of the effective date of this Order, BFI shall submit to ADEQ, for review and approval, a revised Hazardous and Unauthorized Waste Exclusion Plan, including revisions on profile sheets for special waste as to the identification of potential listed hazardous waste and the required submittal of documentation from a generator that any waste previously identified as a hazardous waste has been properly delisted pursuant to requirements of 40 CFR Arkansas Pollution Control & Ecology Commission Regulation No. Section Within sixty (60) days of the effective date this Order, BFI shall submit to ADEQ for review and approval, a RCRA procedure for all employees at County Class 1 Page 4 of8

6 Landfill regarding identification of delisted hazardous waste and the receipt and review of supporting documentation. 3. BFI shall, within sixty (60) days of the effective date of this Order, include in the quarterly sampling of the Saline County Class 1 Landfill leachate and groundwater the constituents of Cadmium, Hexavalent Chromium, and Nickel for a period of four (4) quarters. If after four (4) quarters, the leachate and groundwater sampling for Cadmium, Hexavalent Chromium, and Nickel are below levels requiring the implementation of remedial actions, the additional quarterly sampling for the above constituents shall no longer be required. 4. Within sixty (60) days of the effective date of this Order, BFI shall submit to ADEQ a written assessment that the placement of the wastewater treatment filter cake generated by Kiswire at the Saline County Class 1 Landfill does not pose an unacceptable risk to human health and the environment. 5. In compromise and full settlement of the violations specified in the Findings of Fact, BFI agrees to pay a civil penalty of Dollars ($ ~ ), and is due within thirty (30) calendar days of the effective date of this Order. Such payment of the penalty shall be made payable to the Arkansas Department of Environmental Quality, and mailed to the attention of: Arkansas Department of Environmental Quality Fiscal Division 5301 Northshore Drive North Little Rock, AR Failure to meet any requirement or deadline of this Order constitutes a violation of said Order. If BFI should fail to meet any such requirements or deadlines, BFI consents and agrees to pay on demand to ADEQ stipulated penalties according to the following schedule: Page 5 of8

7 A First day through the fourteenth day: $100 per day B. Fifteenth day through the thirtieth day: $500 per day Each day beyond the thirtieth day: $1,000 per day stipulated penalties for delay in shall in addition to any other or sanctions which may available to ADEQ by reason of BFI's failure to comply with the requirements of this Order. 7. If any event, including but not limited to an act of nature, occurs which causes or may cause a delay in the achievement of compliance by BFI with the requirements or deadlines of this Order, BFI shall so notify ADEQ, in writing, as soon as reasonably possible after it is apparent that a delay will result, but in no case after the due dates specified in this Order. The notification shall describe in detail the anticipated length of the delay, the precise cause the delay, the measures being taken and to be taken to minimize the delay, and the timetable by which those measures will be implemented. 8. ADEQ may grant an extension of any provision of this Order, provided that BFI requests such an extension in writing and provided that the delay or anticipated delay has or will be caused by circumstances beyond the control of and without the fault of The time for performance may be extended a reasonable period but in no event longer than the period delay resulting from such circumstances. burden of proving that any delay is caused by circumstances beyond the control of and without fault of BFI and the length of delay attributable to such circumstances shall rest with BFL Failure to notify the ADEQ promptly, as provided in the preceding paragraph of this Section, shall be grounds for a denial of an extension. 9. All requirements of the Order Agreement are subject to approval by ADEQ. Unless otherwise specified herein, in the event of any deficiencies, BFI shall, within the timeframe Page 6 of8

8 specified by ADEQ, submit any additional information or changes requested, or take additional actions specified by ADEQ to COITect any such deficiencies. Failure to adequately respond to Notice of Deficiency within the timefi'ame specified in writing by constitutes a to meet the requirements established by this Order. 10. This Order is subject to public and comment in accordance with Ark. 1 03( d) and APC&EC Regulation No. 8 and shall not be until thirty (30) days public notice is given. ADEQ retains the right to rescind this Order based upon the comments received within the thirty-day public comment period, for a period of sixty (60) days following the end of the public comment period. Notwithstanding the public notice requirements, the corrective actions necessary to achieve compliance shall be taken immediately. The publication of this Order shall occur on or about the loth or 25 th day of the month following the date this Order is executed. As provided by APC&EC Regulation No.8, this matter is subject to being reopened upon Commission initiative or in the event a petition to set aside this Order is granted by the Commission. 11. Nothing this Order shall as a waiver by ADEQ of its enforcement authority over alleged violations not specifically addressed herein. Also, this Order does not exonerate BFI from any present, or future conduct which is not expressly addressed nor it BFI of its responsibilities for obtaining permits. 12, Each of the undersigned of the that he or is authorized to execute this CAO and to legally bind that party to term and conditions. SO ORDERED DAY of8

9 Becky Keogh DIRECTOR APPROVED AS TO FORM AND CONTENT: BY: Signature Print or Type Title Date Page 8 of8