HomeMy WebLinkAbout950288.tiffRoy Romer, Governor
Patricia A. Nolan, MD, MPH, Executive Director
Dedicated to protecting and improving the health and environment of the pegple of Colorado
HAZARDOUS MATERIALS AND WASTE MANAGEMENT DIVISION
4300 Cherry Creek Dr. S.
Denver, Colorado 80222-1530
Phone (303) 692-3300
Fax (303) 759-5355
STATE OFCO
cis
222 S. 6th Street, Room 232
Grand Junction, Colorado 81501-2768
Phone (303) 248-7164
Fax (303) 248-7198
November 21, 1994
The Prentice -Hall Corporation System Inc.
Registered Agent For:
1400 Glenarm Place
Denver, Colorado. 80202
CI rill .
Colorado Department
of Public Health
and Environmi\
CERTIFIED MAIL # P319.4SAs n
Platte Chemical Company '
P.O. Box 1286
Greeley, Colorado. 80632
Return Receipt RT45 t
1 ?
NOV 2 a Igoe
LLD CO. HEALT
RE: Service of Compliance Order 94-11-21-01 and Invitation to Informal Contra
You are hereby served with Compliance Order Number 94-11-21-01 issued by the Colorado
Department of Public Health and Environment, Hazardous Materials and Waste Management
Division (the "Department") pursuant to the Colorado Hazardous Waste Act, Section
25-15-308(2), C.R.S. This Order is based upon findings by the Department that Platte
Chemical Company has violated the Colorado Hazardous Waste Act, Sections 25-15-301
through 316, C.R.S. (the "Act") as more particularly described in the enclosed Compliance
Order.
You are hereby notified that the enclosed Compliance Order becomes effective within ten (10)
calendar days of your receipt, unless you request an informal conference. Should you request
an informal conference, the Compliance Order, except for paragraphs 133, 134, 137, 138, 140
and 141 which are effective immediately, will not become effective until further notice is
issued after such conference.
Please take note that the Department is willing to meet with you within thirty (30) calendar
days after your receipt of this Order to discuss the Compliance Order. You must request this
meeting within ten (10) calendar days after you receive this Order. I urge you to take
advantage of this opportunity to discuss this matter with the Department. You are also hereby
notified that the Department intends to pursue its enforcement options as authorized under the
Act.
95028a
November 21, 1994
Platte Chemical Company
Page Two
Should you desire to schedule a meeting with the Department or wish to discuss this matter,
please contact Mr. Scott Klarich of the Division at (303) 692-3369. Questions regarding legal
aspects of this matter may be made to Mr. Bradley W. Cameron, of the Office of the Attorney
General at (303) 866-5072.
Sincerely,
4j
Frederick It Dowsett, Chief
Monitoring & Enforcement Section
Hazardous Waste Control Program
Hazardous Materials and Waste Management Division
cc: Scott Klarich, CDH-HWCP
Brad Cameron, AGO
Ayn Schmidt, EPA
Thomas Burns, EPA
QoluiPickle, Director - Weld County Health Department
Gary Callahan, Counsel - Platte Chemical Company
950269
BEFORE THE HAZARDOUS MATERIALS AND WASTE MANAGEMENT DIVISION
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
STATE OF COLORADO
COMPLIANCE ORDER NUMBER 94-11-21-01
IN THE MATTER OF PLATTE CHEMICAL COMPANY
This Compliance Order is issued to Platte Chemical Company ("Platte
Chemical") by the Colorado Department of Public Health and
Environment, Hazardous Materials and Waste Management Division
("the Department"), pursuant to the Department's authority under
Section 25-15-308(2), C.R.S., of the Colorado Hazardous Waste Act,
Sections 25-15-301 to 316, C.R.S. (the "Act"). The Department, as
set forth herein, has determined that Platte Chemical has violated,
or is in violation of, certain provisions of the Act and the
Colorado Hazardous Waste Regulations (the "Regulations"), 6 CCR
1007-3, and is hereby ordered to come into compliance with the Act
and the Regulations.
GENERAL FINDINGS
1. According to the Secretary of State for the State of Colorado,
Platte Chemical is a Nebraska corporation in good standing and
doing business in the state of Colorado.
2. Platte Chemical operates a facility at 419 18th Street,
Greeley, Colorado, where Platte Chemical formulates several
pesticide products by blending and mixing technical grade
pesticides with inert materials.
3. On December 5, 1986 the Department issued Platte Chemical a
final hazardous waste facility permit. The issued permit
allows Platte Chemical to operate a hazardous waste container
storage area and a hazardous waste storage tank for the
storage of organochlorine, organophosphorus and chlorinated
pesticide waste generated from its formulation activities.
4. The permit allows Platte Chemical to store hazardous waste in
accordance with the conditions identified in the permit. Any
storage of hazardous waste not authorized in Platte Chemical's
permit is prohibited and noncompliance constitutes a
violation(s) of the Colorado Hazardous Waste Act.
950289
Platt. Chemical Company
to.pliance Order
h z
5. On July 29, 1992 the Department issued a warning letter to
Platte Chemical citing six (6) violations of Platte Chemical's
permit and/or the Act and Regulations.
6. On March 17, 1992, July 31, 1992, May 24, 1993, May 27, 1993,
and June 10, 1993 the Department conducted inspections at
Platte Chemical's facility. The inspections were conducted by
the Department pursuant to its authority under the Colorado
Hazardous Waste Act, Section 25-15-301, C.R.S..
7. On December 20, 1993 the Department issued a notice of
violation to Platte Chemical citing sixteen (16) violations of
Platte Chemical's permit and/or the Act and Regulations.
First Violation
(Failure to Conduct an Adequate Hazardous Waste Determination)
8. The General Findings of paragraphs 1 through 7 of this
Compliance Order are hereby incorporated by reference as
_though fully set forth herein.
Findings of Fact
9 At the time of the May 24 and 27, 1993, and June 10, 1993
inspections Platte Chemical had 122 fiber drums of spent
carbon in storage in the permitted container storage area.
Mr. Gene Ruppe, Safety Director for Platte Chemical, stated
that the containers were spent carbon from air pollution
control equipment from several different production processes
and Platte Chemical had determined that this spent carbon was
non -regulated. Department representatives observed that these
containers were labeled as non -regulated waste.
10. Platte Chemical's spent carbon has no commercial use or value.
11. Laboratory analysis of the spent carbon, provided to the
Department in a letter dated October 25, 1993, establishes
that the waste carbon described by Platte Chemical as non -
regulated waste contains Phorate, Lindane, Methoxychlor and
Endosulfan.
Conclusions of Law
12. Pursuant to 6 CCR 1007-3, Section 261.2(a), a solid waste is
any discarded material that is not otherwise excluded from
regulation. A discarded material is any material _which is
abandoned by being disposed of, burned or incinerated, or
accumulated, stored or treated before or in lieu of being
abandoned by being disposed of, burned or incinerated.
950289
Platt. Chemical Company
Compliance Order
13. The spent carbon generated by Platte Chemical from air
pollution control equipment from several different production
processes are solid wastes as defined by 6 CCR 1007-3, Section
261.2.
14. Pursuant to 6 CCR 1007-3, Section 261.3(a), a solid waste is
a hazardous waste if the waste has no commercial use or value
and it exhibits any characteristic of hazardous waste or it
has been listed as a hazardous waste.
15. Phorate, Lindane, Methoxychlor and Endosuifan are identified
as listed hazardous wastes in 6 CCR 1007-3, Section 261.33
(P094/U129/U247/P050 respectively).
16. According to 6 CCR 1007-3, Section 261.3(a)(iv) a mixture of
a solid waste and one or more hazardous wastes listed in
Subpart D is regulated as a hazardous waste.
17. According to 6 CCR 1007-3, Section 262.11 any person who
generates a solid waste, as defined in 6 CCR 1007-3, Part
261.2, must determine if that waste is a hazardous waste.
18. Platte Chemical's failure to conduct an adequate hazardous
waste determination on spent carbon constitutes violations of
6 CCR 1007-3, Section 262.11.
Second Violation
(Failure to Follow Waste Analysis Plan)
19. The General Findings of paragraphs 1 through 7 and the
Findings of Fact and Conclusions of Law in paragraphs 9
through 18 of this Compliance Order are hereby incorporated by
reference as though fully set forth herein.
Findings of Fact
20. At the time of the July 31, 1992
had the following containers in
container storage area. Mr. Ruppe
were awaiting analysis so that
determination could be made or
awaiting characterization.
inspection Platte Chemical
storage in the permitted
stated that the containers
a final hazardous waste
that the containers were
7 drums labeled disposal only.
- 12 drums, unlabeled except for one, labeled drum 2766.
- 1 drum labeled 5 lbs of clay, gross wt. 361, might need
screening.
- 1 drum labeled hazardous waste, drum 2767.
)50298
Platt. °nomical Company
Compliance Order
2122-1
21. At the time of the May 24 and 27, 1993, and June 10, 1993
inspections Platte Chemical had 155 fiber drums of spent
carbon in storage in the permitted container storage area. Mr.
Ruppe stated that the containers were spent carbon from
several different production processes. Mr. Ruppe stated that
the 155 drums had been composited to generate one sample of
carbon for analysis. Department representatives observed that
these containers were labeled as hazardous waste.
22. At the time of the May 24 and 27, 1993, and June 10, 1993
inspections Platte Chemical had 122 fiber drums of spent
carbon in storage in the permitted container storage area.
Mr. Ruppe stated that the containers were spent carbon from
several different production processes. Mr. Ruppe stated that
the 122 drums had been composited to generate one sample of
carbon for analysis and from that analysis Platte Chemical had
determined that the spent carbon was non -regulated.
Department representatives observed that these containers were
labeled as non -regulated waste.
23. At the time of the May 24, 1993 inspection Mr. Ruppe stated to
Department representatives that he is aware that Platte
Chemical's hazardous waste facility permit requires sampling
of each container, however, carbon was composited because of
time constraints.
24. At the time of the May 24 and 27, 1993, and June 10, 1993
inspections Platte Chemical had the following containers in
storage in the permitted container storage area.
- 12 drums of waste Methoxychlor tech. bags
- 1 drum of pesticide contaminated bottles and absorbed
material, CDH 216
- 3 drums of waste Endosulfan drum liners
1 drum waste Dimethoate contaminated packaging, CDH 291
- 1 drum waste crushed Phorate drums, CDH 292
- 1 drum spent floor sweep, CDH 296
- 1 drum waste oversize granules Phorate/Reldan, CDH 297
- 1 drum unknown, suspect spent absorbent, CDH 325
25. Mr. Ruppe stated that the empty bags of Methoxychlor, empty
bags of Endosulfan and the container of floor sweepings had
not been sampled. Platte Chemical was unable to provide
Department representatives with sample analysis results for
any of the containers described in paragraph 24.
950288
Platte CEoical COSP•nr
C®PlianC. Order
Conclusions of Law
26. Platte Chemical's hazardous waste facility permit states in
Part I, Section B, that each container of solid hazardous
waste shall be analyzed for the concentration of pesticides,
ignitability, corrosivity, reactivity, percent by weight of
inert material and free liquids prior to. being placed into the
permitted container storage area.
27. According to 6 CCR 1007-3, Section 100.42(a) a permittee must
comply with all conditions of an issued permit.
28. According to 6 CCR 1007-3, Section 264.13(a)(1) before an
owner or operator stores any hazardous waste, he must obtain
a detailed chemical and physical analysis of a representative
sample of the waste. At a minimum, this analysis must contain
all the information which must be known to treat, store or
dispose of the waste in accordance with the requirements of
this part and Part 268 or with the conditions of a permit
issued under Part 100 of these regulations.
29. Platte Chemical's failure to analyze each container of waste
stored in the permitted container storage area for specified
parameters constitutes violations of Platte Chemical's
hazardous waste facility permit, Part I, Section B and 6 CCR
1007-3, Section 100.42(a) and Section 264.13(a)(1).
Third Violation
(Failure to Analyze the Truck Ramp Sump Prior to Discharge as
Reauired by Permit)
30. The General Findings of paragraphs 1 through 7 and the
Findings of Fact and Conclusions of Law in paragraphs 9
through 29 of this Compliance Order are hereby incorporated by
reference as though fully set forth herein.
Findings of Fact
31. At the time of the June 10, 1993 inspection Platte Chemical's
truck dock sump discharge log had several recent discharges
noted.
32. At the time of the March 17, 1992 inspection Mr. Dennis
Burchett, Vice President of Regulatory Affairs for Platte
Chemical, and Mr. Ruppe stated that the facility only tests
the truck dock sump water when they have reason to believe
something may have been spilled to the area drained by the
sump and then it is analyzed only for the two pesticides most
commonly used at the facility, Malathion and Diazinon.
950298
Platte CLalcal Company
Compliance Order
Page 6
33. Laboratory analysis of the truck dock sump samples establishes
that Platte Chemical only analyzes for two of the pesticides
used at the facility. In addition, Mr. Robert Bath's,
Analytical Chemist for Platte Chemical, description of how he
performs the analysis does not match the method described in
the facility's standard operating procedure for this analysis.
Conclusions of Law
34. Platte Chemical's hazardous waste facility permit outlines in
Part I, Section E, Subsection 1(a), that run-off collected in
the truck ramp sump shall be analyzed prior to discharge.
Part I, Section B, Subsection 1(b) of Platte Chemical's permit
requires that surface drainage that collects in the sump at
the warehouse shall be analyzed for the concentration of
pesticides, ratio of sorbant material & liquid, specific
gravity, ignitability, corrosivity, reactivity and percent
solvent.
35. According to 6 CCR 1007-3, Section 100.42(a) a permittee must
comply with all conditions of an issued permit.
36. Platte Chemical's failure to analyze the truck dock sump water
as specified in its hazardous waste facility permit prior to
discharge constitutes violations of Platte Chemical's
hazardous waste facility permit, Part I, Section E, Subsection
1(a) and 6 CCR 1007-3, Section 100.42(a).
Fourth Violation
(Failure to Store Hazardous Waste in Proper Containers as
Required by Permit)
37. The General Findings of paragraphs 1 through 7 and the
Findings of Fact and Conclusions of Law in paragraphs 9
through 36 of this Compliance Order are hereby incorporated by
reference as though fully set forth herein.
Findinaa of Fact
38. At the time of the May 24, 1993 inspection there were two
sections of uncontainerized metal duct in the permitted
container storage area. Mr. Ruppe described these ducts as
used ductwork containing a regulated pesticide,
pentachloronitrobenzene (quintozene) (hazardous waste U185).
Mr. Ruppe stated that the ducts had been in the permitted
container storage area since October 1992.
950285
Platte Chemical Cowan
Compliance Order
pegs
39. At the time of the May 24 and 27, 1993, and June 10, 1993
inspections Platte Chemical had 277, 55 gallon fiber drums of
spent carbon, which was determined to be hazardous waste by
facility representatives, in storage in the permitted
container storage area. Many of these containers were damaged
and deteriorating.
Conclusions of Law
40. Platte Chemical's hazardous waste facility permit outlines in
Part I, Section A, that Platte Chemical is allowed to operate
an on -site •container storage facility. The permittee is
allowed to store hazardous waste in containers stacked on
pallets. Part I, Section A, Subsection 2 specifies that the
containers used shall be 55 gallon DOT 17C or 17H drums
meeting the requirements in 49 CFR 178.115 or 178.118;
removable head 85 gallon salvage drums meeting DOT
requirements in 49 CFR 173.3(c); and/or 75 gallon removable
head DOT 21C400 fiber drums meeting DOT requirements in 49 CFR
178.224. Neither the metal ducting nor the 55 gallon fiber
drums satisfy the requirements outlined in Platte Chemical's
permit for acceptable storage containers.
41. According to 6 CCR 1007-3, Section 100.42(a) a permittee must
comply with all conditions of an issued permit.
42. Platte Chemical's failure to store hazardous waste in
specified containers in the permitted container storage area
constitutes violations of Platte Chemical's hazardous waste
facility permit, Part I, Section A and 6 CCR 1007-3, Section
100.42(a).
Fifth Violation
(Failure to Remove or Obliterate Container
Labels as Required by Permit)
43. The General Findings of paragraphs 1 through 7 and the
Findings of Fact and Conclusions of Law in paragraphs 9
through 42 of this Compliance Order are hereby incorporated by
reference as though fully set forth herein.
Findings of Fact
44. At the time of the May 24 and 27, 1993 inspections, containers
labeled as hazardous wastes and stored in the permitted
container storage area were also labeled as the product
Envirotrol - Activated Carbon and/or the food product Onion
Slices.
8; 0298 I
Platte Coaiml Company
Compliance Order
btal
Conclusions of Law
45. Platte Chemical's hazardous waste facility permit states in
Attachment WP - Waste Analysis Plan, Hazardous Waste Policy,
Section 3 (page B-14) that all container labeling is to be
removed or obliterated prior to using the container for waste
storage and the only markings on the container shall be DOT
and EPA information having direct relationship to hazardous
waste.
46. According to 6 CCR 1007-3, Section 100.42(a) a permittee must
comply with all conditions of a issued permit.
47. Platte Chemical's failure to remove or obliterate original
container labels prior to using the container for hazardous
waste storage in the permitted container storage area
constitutes violations of Platte Chemical's hazardous waste
facility permit, Attachment WP - Waste Analysis Plan -
Hazardous Waste Policy, Section 3 and 6 CCR 1007-3, Section
100.42(a).
Sixth Violation
(Failure to Properly Label Containers as Required by Permit)
48. The General Findings of -paragraphs 1 through 7 and the
Findings of Fact and Conclusions of Law in paragraphs 9
through 47 of this Compliance Order are hereby incorporated by
reference as though fully set forth herein.
Findings of Fact
49. At the time of the March 17, 1992 and July 31, 1992
inspections several containers were stored in the permitted
container storage area without labels identifying the contents
of the containers. At the time of the July 31, 1992
inspection Mr. Ruppe described to Department representatives
that numerous drums in the permitted container storage area
which wereunlabeled contained hazardous wastes, including
fifteen drums which were described as being solidified and
seven drums labeled as "for disposal only" with no other
markings.
50. At the time of the May 24, 1993 inspection an unlabeled drum
was located in the permitted container storage area.
Department representatives assigned the drum CDH number 325
and determined that it contained hazardous absorbed titrant
from the laboratory.
950289
Platte Chemical Company
Compliance Order
.P.122 .1
Conclusions of Law
51. Platte Chemical's hazardous waste facility permit outlines in
Attachment WP - Waste Analysis Plan, Hazardous Waste Policy,
Section 3 (page B-14) that containers storing hazardous waste
shall be marked with 1) the DOT proper shipping name, 2) the
words "Hazardous Waste", 3) date the drum was filled, 4) EPA
waste sticker, 5) drum number.
52. According to 6 CCR 1007-3, Section 100.42(a) a permittee must
comply with all conditions of a issued permit.
53. Platte Chemical's failure to properly label containers storing
hazardous waste in the permitted container storage area
constitutes violations of Platte Chemical's hazardous waste
facility permit, Attachment WP - Waste Analysis Plan -
Hazardous Waste Policy, Section 3 and 6 CCR 1007-3, Section
100.42(a).
Seventh Violation
(Storage of Liquids in the Container Storage Area as Prohibited
by Permit)
54. The General Findings of paragraphs 1 through 7 and the
Findings of Fact and Conclusions of Law in paragraphs 9
through 53 of this Compliance Order are hereby incorporated by
reference as though fully set forth herein.
Findings of Fact
55. At the time of the July 31, 1992 inspection Platte Chemical
was storing hazardous waste which Mr. Ruppe described as in
the process of being solidified. Department representatives
observed that two of the containers were leaking. Department
representatives determined that the containers of hazardous
waste were actually being stored and were not in the process
of being solidified.
56. At the time of the May 24 and 27, 1993 inspections four (4),
55 gallon drums were located in the permitted container
storage area. Mr. Ruppe stated that these containers contain
liquid waste oil.
57. At the time of the May 24 and 27, 1993 inspections an
unlabeled plastic container of a unknown liquid (CDH # 334)
was observed by Department representatives. The Department has
determined that this container contained Chlordane.
950288
Platte Clinical Company
Znplince order
page lU
58. At the time of the May 24 and 27, 1993 inspections seven (7)
boxes of small containers of liquid which Mr. Ruppe described
as containing parathion samples from 1986-1989 were observed.
Department representatives also observed several boxes of
small containers of liquids which Mr Ruppe stated were retain
samples which would eventually be sent for rework, into
product, at the Platte Chemical facility at Greenville,
Mississippi.
Conclusions of Law
59. Platte Chemical's hazardous waste facility permit outlines in
Part I, Section A, Subsection 1 that the permittee is allowed
to store solidified hazardous waste from the pesticide
formulation process. In addition, Platte Chemical's hazardous
waste facility permit states in Attachment WP - Waste Analysis
Plan, Supplement 6/2/83, Section 1(c). (Page D-1) that at no
time will drummed liquid waste be stored at this facility.
60. According to 6 CCR 1007-3, Section 100.42(a) a permittee must
comply with all conditions of a issued permit.
61.
Platte Chemical's storage
permitted container storage
Platte Chemicals hazardous
Section A, Subsection 1 and
of hazardous liquids in the
area constitutes violations of
waste facility permit, Part I,
6 CCR 1007-3, Section 100.42(a).
Eighth Violation
(Improper Hazardous Waste Container Management)
62. The General Findings of paragraphs 1 through 7 and the
Findings of Fact and Conclusions of Law in paragraphs 9
through 61 of this Compliance Order are hereby incorporated by,
reference as though fully set forth herein.
Findings of Fact
63. At the time of the July 31, 1992 inspection, fifteen (15) open
drums holding free liquids were in the permitted container
storage area. Hazardous waste was not being added or removed
from the containers. Mr. Ruppe described the drums as
containing hazardous wastes.
64. At the time of the May 27, 1993 inspection there were open
containers in the permitted container storage area which Mr.
Ruppe described as containing hazardous waste. Hazardous
waste was not being added or removed from the containers.
0''(3299
Platte Chemical c®pany
Zmemlianc. Order
Page 11
Conclusions of Law
65. Platte Chemical's hazardous waste facility permit outlines in
Part II, Section A, Subsection 2(e) that the permittee shall
keep containers holding hazardous waste closed during storage,
except when it is necessary to add or remove waste.
66. According to 6 CCR 1007-3, Section 100.42(a) a permittee must
comply with all conditions of a issued permit.
67. According to 6 CCR 1007-3, Section 264.173(a) a container
holding hazardous waste must always be closed during storage,
except when it is necessary to add or remove waste.
68. Platte Chemical's storage of hazardous waste in open
containers in the permitted container storage area constitutes
violations of Platte Chemical's hazardous waste facility
permit, Part II, Section A, Subsection 2(e) and 6 CCR 1007-3,
Section 264.173(a).
Ninth Violation
(Storage of Hazardous Waste Without Interim Status or a Permit)
69. The General Findings of paragraphs 1 through 7 and the
Findings of Fact and Conclusions of Law in paragraphs 9
through 68 of this Compliance Order are hereby incorporated by
reference as though fully set forth herein.
Findings of Fact
70. At the time of the May 24, 1993 inspection many of the drums
of spent carbon, labeled as hazardous waste and stored in the
permitted container storage area, had accumulation start dates
which were several years old. Mr. Ruppe stated to
Department representatives that the spent carbon had been
generated over the period of 1986 through 1993 and had
previously been stored in the drum wash area.
71. On May 28, 1993 Platte Chemical provided Department
representatives with an inventory of the containers currently
in storage in the permitted container storage area. This
inventory identified each container's generation date and the
date it was placed into the permitted container storage area.
Several of these dates show that Platte Chemical stored spent
carbon, which has been characterized as a hazardous waste, for
longer then 90 days in areas other then the permitted
container storage area.
950288
Platte Chemical Cotentin,
Compliance Order
72. Platte Chemical's hazardous waste facility permit designates
only one hazardous waste container storage area. The drum
wash area is not identified as a permitted storage area and is
not listed in Platte Chemical's contingency plan as a 90 day
storage area.
Conclusions of Law
73. Pursuant to 6 CCR 1007-3, Sections 262.34(a) and 100.10 a
generator of hazardous waste may accumulate hazardous waste
on -site for a maximum of 90 days without a permit issued by
the Department.
74. Section 25-15-308(1)(b), C.R.S. requires facilities that
treat, store or dispose of hazardous waste to have either
interim status or a permit issued by the Department.
75. Platte Chemical's storage of hazardous waste/spent carbon in
the drum wash area for over 90 days constitutes violations of
Section 25-15-308(1)(b), C.R.S. and 6 CCR 1007-3, Section
262.34(a) and 6 CCR 1007-3, Part 100.10.
Tenth Violation
(Failure to Ensure Preparedness and Prevention)
it
76. The General Findings of paragraphs 1 through 7 and the
Findings of Fact and Conclusions of Law in paragraphs 9
through 75 of this Compliance Order are hereby incorporated by
reference as though fully set forth herein.
Findings of Fact
77. At the time of the March 17, 1992 and July 31, 1992
inspections there were cracks in the floor in both portions of
the facility's permitted container storage area.
78. At the time of the May 24 and 27, 1993 inspections there were
cracks between the floor and the wall of the permitted
container storage area.
Conclusions of Law
79. Platte Chemical's hazardous waste facility permit, Part II,
Section A, Subsection 1(b), requires the facility to maintain
the concrete floor slab of the container storage building free
of cracks and depressions in order to prevent collection,
ponding and seepage of spilled hazardous waste.
80. According to 6 CCR 1007-3, Section 100.42(a) a permittee must
comply with all conditions of a issued permit.
950288
Platte Maul Careen
Compliance Order
Page 13
81. According to 6 CCR 1007-3, Section 264.31(a) hazardous waste
facilities must be maintained and operated to minimize any
unplanned sudden or non -sudden release of hazardous waste or
hazardous waste constituents to air, soil, or water which
could threaten human health or the environment.
82. Platte Chemical's failure to maintain the floor of its
permitted container storage area free of cracks constitutes
violations of the facility's permit, Part II, Section A,
Subsection 1(b) and 6 CCR 1007-3, Section 100.42(a) and
Section 264.31(a).
Eleventh Violation
(Failure to Properly Manage Containers of Hazardous Waste)
83. The General Findings of paragraphs 1 through 7 and the
Findings of Fact and Conclusions of Law in paragraphs 9
through 82 of this Compliance Order are hereby incorporated by
reference as though fully set forth herein.
Findings of Fact
84. At the time of the July 31, 1992 inspection there were two
containers of liquid hazardous waste in the Eastern portion of
the permitted container storage area which were leaking onto
the floor.
85. At the time of the May 24, 1993 inspection a container
identified by Mr. Ruppe as hazardous waste - spent carbon was
punctured and leaking onto the floor in the permitted
container storage area. Department representatives identified
this container as CDH # 112. Department representatives also
observed several other containers which had been punctured and
or damaged and had been repaired with duct tape. Department
representatives brought these matters to the attention of Mr.
Ruppe.
86. At the time of the May 27, 1993 inspection Department
representatives observed that the containers referenced in
paragraph 86 above existed in the same conditions as observed
on May 24, 1993.
87. At the time of the July 31, 1992, May 24 and May 27, 1993
inspections numerous containers stored in the permitted
container storage area had structural defects and at least one
was leaking.
950288
Platte Cheicel Cowen
Camlience Order
Pie 14
Conclusions of Law
88. Platte Chemical's hazardous waste facility permit outlines in
Part II, Section A, Subsection 2(c) that the permittee shall
transfer waste from containers not in good condition (severe
rusting, apparent structural defects and/or evidence of leaks
or spills), to containers in good condition.
89. According to 6 CCR 1007-3, Section 100.42(a) a permittee must
comply with all conditions of a issued permit.
90. According to 6 CCR 1007-3 Section 264.171, if a container
holding hazardous waste is not in good condition, or if it
begins to leak, the owner or operator must transfer the
hazardous waste from this container to a container in good
condition.
91. Platte Chemical's failure to transfer wastes from deteriorated
and/or punctured containers to containers in good condition
constitutes violations of Platte Chemical's hazardous waste
'facility permit, Part II, Section A, Subsection 2(c) and 6 CCR
1007-3, Section 264.171 and 100.42(a).
Twelfth Violation
(Failure to Maintain Adequate Aisle Space)
92. The General Findings of paragraphs 1 through 7 and the
Findings of Fact and Conclusions of Law in paragraphs 9
through 91 of this Compliance Order are hereby incorporated by
reference as though fully set forth herein.
Findings of Fact
93. At the time of the March 17, 1992 inspection the aisle
space in the permitted container storage area was
approximately one and one half feet between walls and
containers, aisle space of the major north south aisle was
approximately four feet, and no sub -aisles were maintained,
except for one opening to allow access to the western portion
of the permitted container storage area.
94. At the time of the July 31, 1992 inspection the permitted
container storage area was in disarray withno discernable
aisle space.
95. At the time of the May 24 and 27, 1993 inspections there were
obstructions in the minor aisles of the permitted container
storage area.
950288
Platte Chemical COMPmY
Compliance Order
Pay 15
Conclusions of Law
96. Platte Chemical's hazardous waste facility permit, (Part II,
Section A, Subsection 2(g), requires the facility to maintain
a major aisle space of at least 7 feet between ends of rows of
drums. Aisle space between rows of drums and at walls and
partitions shall be at least 2 feet 6 inches.
97. According to 6 CCR 1007-3, Section 100.42(a) a permittee must
comply with all conditions of a issued permit.
98. According to 6 CCR 1007-3, Section 264.35 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.
99. Platte Chemical's failure to maintain specified aisle space
constitutes violations of its hazardous waste facility permit,
Part II, Section A, Subsection 2(g) and 6 CCR 1007-3, Section
264.35 and Section 100.42(a).
Thirteenth Violation
(Failure to Conduct Required Facility Inspections)
100. The General Findings of paragraphs 1 through 7 and the
Findings of Fact and Conclusions of Law in paragraphs 9
through 99 of this Compliance Order are hereby incorporated by
reference as though fully set forth herein.
Findings of Fact
101. At the time of the March 17, 1992 inspection Department
representatives requested to review the inspection log for the
permitted container storage area. Mr. Ruppe stated that the
log was at his home and thus not available for inspection.
102. At the time of the July 31, 1992 inspection Department
representatives reviewed the inspection log for the permitted
container storage area and observed that no entries had been
made since March 24, 1992.
103. At the time of the May 24, 1993 inspection Department
representatives observed that the log for the permitted
container storage area was not maintained between March 24,
1992 and August 3, 1992.
950289
Platte Chemical Company
Co.plienee Order
Peg. 1'
104. At the time of the May 24, 1993 inspection
representatives observed that the log for the
container storage area was not maintained between
1992 - August 28, 1992. Department representatives
the inspection log for August 31, 1992 contained
that read: "No inspection conducted 8/24-8/28 -
vacation".
Department
permitted
August 24,
noted that
a notation
Ruppe on
105. At the time of the May 24, 1993 inspection Department
representatives observed that the inspection log for the
container storage area stated that all containers were in good
condition. Mr. Ruppe stated that the May 24, 1993 container
storage area inspection was completed prior to the Department
inspection. This was the same day (May 24, 1993) that
Department representatives observed that one container of
hazardous waste was punctured and leaking and that several
others were damaged and deteriorated.
Conclusions of Law
106. Platte Chemical's hazardous waste facility permit outlines in
Part I, Section D, that the permittee shall conduct
inspections of the container storage area and the permittee
shall record the results of these inspections in daily logs
kept at the container storage facility.
107. According to 6 CCR 1007-3, Section 100.42(a) a permittee must
comply with all conditions of a issued permit.
108. According to 6 CCR 1007-3, Section 264.15 the owner or
operator of a hazardous waste facility must inspect his
facility for malfunctions and deterioration, operator errors,
and discharges which may be causing or may lead to (1) release
of hazardous waste constituents to the environment or (2) a
threat to human health. In addition, the owner or operator
must develop and follow a written schedule for inspecting
monitoring equipment, safety and emergency equipment, security
devices, and operating and structural equipment (such as dikes
and sump pumps) that are important to preventing, detecting,
or responding to environmental or human health hazards. He
must keep this schedule at the facility and he must record
inspections in an inspection log or summary.
109. Platte Chemical's failure to conduct container storage area
inspections and maintain a log for the container storage area
inspections constitutes violations of Platte Chemical's
hazardous waste facility permit, Part I, Section D and 6 CCR
1007-3, Section 264.15 and Section 100.42(a).
950288
Platte Clwical Cancan,'
Compliance Order
A.a. 11
Fourteenth Violation
(Failure to Conduct Required Hazardous Waste Personnel Training)
110. The General Findings of paragraphs 1 through 7 and the
Findings of Fact and Conclusions of Law in paragraphs 9
through 109 of this Compliance Order are hereby incorporated
by reference as though fully set forth herein.
Findings of Fact
111. At the time of the May 24, 1993 inspection Department
representatives reviewed Platte Chemical's personnel training
records. Department representatives determined that Platte
Chemical has provided no formal training to employees on
hazardous waste management for the last two years. The only
training documented by Platte Chemical was for the OSHA
1910.120, 8 hour annual refresher classes.
Conclusions of Law
112. Platte Chemical's hazardous waste facility permit outlines in
Part I, Section G, that the permittee shall conduct personnel
training on permit specified subjects. The training program
shall include, introductory training, special training and
annual training.
113. According to 6 CCR 1007-3, Section 100.42(a) a permittee must
comply with all conditions of a issued permit.
114. According to 6 CCR 1007-3, Section 264.16 hazardous waste
facilities must conduct hazardous waste personnel training,
which includes annual updates, which at a minimum must be
designed to ensure that facility personnel are able to respond
effectively to emergencies by familiarizing them with
emergency procedures, emergency equipment and emergency
systems.
115. Platte Chemical's failure to conduct personnel training as
specified by permit constitutes violations of Platte
Chemical's hazardous waste facility permit, Part I, Section G
and 6 CCR 1007-3, Section 264.16 and Section 100.42(a).
Fifteenth Violation
(Failure to Maintain Required Facility Operating Record)
116. The General Findings of paragraphs 1 through 7 and the
Findings of Fact and Conclusions of Law in paragraphs 9
through 115 of this Compliance Order are hereby incorporated
by reference as though fully set forth herein.
950288
Platte Chemical Company
Compliance Order
ISA&
Findings of Fact
117. At the time of the May 24, and May 27, 1993 inspections
Department representatives requested that Platte Chemical
representatives provide the facility operating record as
required by the facility permit. On both dates Platte
Chemical representatives could not provide an inventory of the
containers in the permitted container storage area, the
contents of each container, the waste analysis results for
each container, or the date each container was placed in
storage. In addition, for a number of containers Platte
Chemical could not provide the date of generation.
Conclusions of Law
118. Platte Chemical's hazardous waste facility permit outlines in
Part I, Section J, Subsection 2 and Part III, Section G,
Subsection 6 that the permittee shall maintain a written
operating record at the facility in accordance with 6 CCR
1007-3, Section 264.73.
119. According to 6 CCR 1007-3, Section 100.42(a) a permittee must
comply with all conditions of a issued permit.
120. According to 6 CCR 1007-3, Section 264.73(b) the owner or
operator of a hazardous waste facility must keep a written
operating record at his facility which contains, among other
requirements, a description and the quantity of each hazardous
waste received, and the method(s) and date(s) of its storage
at the facility.
121. Platte Chemical's failure to maintain a complete written
operating record for its container storage area constitutes
violations of Platte Chemical's hazardous waste facility
permit, Part I, Section J, Subsection 2, Part III, Section G,
Subsection 6 and 6 CCR 1007-3, Section 264.73 and Section
100.42(a).
,Sixteenth Violation
(Inadequate Insurance Certificate)
122. The General Findings of paragraphs 1 through 7 and the
Findings of Fact and Conclusions of Law in paragraphs 9
through 121 of this Compliance Order are hereby incorporated
by reference as though fully set forth herein.
95028
Platte Chemical CnapanY
Compliance Order
Pita
Findings of Fact
123. On May 25, 1993 the Department received Platte Chemical's
Certificate of Insurance for closure liability coverage.
Department review of the Insurance Certificate determined that
the certificate contains wording errors and omissions. The
Certificate incorrectly lists Platte Chemical's EPA
identification number as COD04194285; Platte Chemical's
correct EPA identification number is COD041094285. In
addition, the certificate cancellation statement indicates
that 30 days written notice shall be provided (60 days
required) to the Department and the certificate does not
indicate the type of coverage (sudden or non -sudden).
Conclusions of Law
124. According to 6 CCR 1007-3, Section 266.18(h)(1) the following
information, among other, is to be included in the Certificate
of Insurance:
a. Name, address, and telephone number of agency; and
the underwriter
b. Name and EPA I.D. number of facility being covered
c. Indication of type of coverage (sudden, non -sudden,
or both)
d. Amount of coverage (sudden, non -sudden, or both)
125. According to 6 CCR 1007-3, Section 266.18(h)(2) the
certificate must identify that cancellation of the policy,
whether by the insurer or the insured, will be effective only
upon written notice and only after the expiration of sixty
(60) days after a written notice of cancellation is received
by the Department.
126. Platte Chemical's Certificate of Insurance submitted to the
Department on May 25, 1993, has wording errors and omissions
which constitute violations of Platte Chemical's hazardous
waste facility permit, Part I, Section I and 6 CCR 1007-3,
Section 266.18(h).
COMPLIANCE ORDER
Based on the foregoing violations and pursuant to Section 25-15-
308(2), C.R.S., Platte Chemical is hereby ordered to comply with
all applicable requirements of the Colorado Hazardous Waste Act and
the Colorado Hazardous Waste Regulations, and specifically is
hereby ordered to:
950299
Platte Medea'. ComPanY
Compliance Order
12M12 -a
127. Operate its Greeley Colorado facility within the requirements
of Platte Chemical's hazardous waste facility permit, the Act
and the Colorado Hazardous Waste Regulations at 6 CCR 1007-3
(the "Regulations").
128.. Within 30 calendar days of the effective date of this Order on
Consent, submit to the Department a written policy or
procedure outlining how Platte Chemical will identify solid
waste generated from its Greeley facility and how it will
conduct hazardous waste determinations for these wastes.
129. Ensure that each container in the permitted container storage
area is analyzed in accord with Platte Chemicals Waste
Analysis Plan as specified by Part I, Section B of Platte
Chemical's hazardous waste facility permit.
130. Ensure that surface drainage that collects in the sump at the
warehouse is analyzed as specified by Part I, Section B,
Subsection 1(b) of Platte Chemical's hazardous waste facility
permit.
131. Ensure that containers utilized for storage of hazardous waste
in the permitted container storage area met the requirements
specified in Part I, Section A, Subsection 2 of Platte
Chemical's hazardous waste facility permit.
132. Ensure that containers of hazardous waste in the permitted
container storage area are labeled as specified in Platte
Chemical's hazardous waste facility permit. (Attachment WP -
Waste Analysis Plan, Hazardous Waste Policy, Section 3, page
B-14.)
133. Immediately ensure that all liquids are removed or solidified
from Platte Chemical's permitted container storage area. If
solidification is conducted it must be performed in accordance
with Platte Chemical's hazardous waste facility permit.
134. Immediately ensure that all containers storing hazardous waste
in the permitted container storage area are closed during
storage in accordance with Part II, Section A, Subsection 2(e)
of Platte Chemical's hazardous waste facility permit.
135. Discontinue the storage of hazardous waste in unpermitted
areas in excess of the allowable 90 day accumulation period.
136. Maintain the concrete floor slab of the container storage
building in accordance with Part II, Section A, •Subsection
1(b) of Platte Chemical's hazardous waste facility permit.
950288
Platte Chemical Company
Compliance order
v+a• ]1
137. Immediately manage containers found in poor condition in the
permitted container storage area in accordance with Part II,
Section A, Subsection 2(c) of Platte Chemical's hazardous
waste facility permit.
138. Immediately ensure that aisle space is maintained in the
permitted container storage area as specified in Part II,
Section A, Subsection 2(g) of Platte Chemical's hazardous
waste facility permit.
139. Ensure that Platte Chemical is conducting inspections of the
container storage building in accordance with Part I, Section
D of Platte Chemical's hazardous waste facility permit.
140. Immediately ensure that Platte Chemical is conducting
personnel training in accordance with Part I, Section G, of
Platte Chemical's hazardous waste facility permit.
141. Immediately ensure that the operating record is maintained in
accordance with Part I,Section J, Subsection 2 and Part III,
Section G, Subsection 6 of Platte Chemical's hazardous waste
facility permit.
142. The Department reserves the right to impose any additional
conditions or requirements necessary for compliance with the
Act or the Regulations or to protect human health and the
environment.
NOTICES AND SUBMITTALS
143. For all documents, plans, records and reports required to be
submitted by this Compliance Order, Platte Chemical shall
submit an original and one copy to the Hazardous Materials and
Waste Management Division of the Colorado Department of Public
Health and Environment as follows:
Scott Klarich, Environmental Compliance Officer
Monitoring and Enforcement
Hazardous Materials and Waste Management Division
Colorado Department of Public Health and Environment
Mail Code: HMWMD-HWC-B2
4300 Cherry Creek Drive South
Denver, Colorado 80222-1530
3502%
Platte Chemical Coapeny
Compliance Order
NOTICE OF LIABILITY FOR CIVIL OR ADMINISTRATIVE
PENALTIES AND INJUNCTIVE RELIEF
144. Section 25-15-309, C.R.S. provides that any person who
violates Section 25-15-308, C.R.S., which includes the
Colorado Hazardous Waste Act ("the Act"), Sections 25-15-101
to 316, C.R.S., and the Colorado Hazardous Waste Regulations
6 CCR 1007-3, or any Compliance Order of the Department of
Public Health and Environment which is not subject to a stay
pending judicial review, shall be subject to a civil penalty
of not more than $25,000 per violation per day during which
such violation occurs, or an administrative penalty of not
more than $15,000 per violation, per day during which such
violation occurs. The Colorado Department of Public Health and
Environment is continuing its investigation into this matter
and may issue additional Compliance Orders or assess an
administrative penalty, or both, or may request that the
Attorney General bring suit for injunctive relief or civil
penalties or both for failure to comply with Section 25-15-
308, C.R.S. and this Compliance Order.
NOTICE OF EFFECTIVE DATE OF ORDER
145. Paragraphs 133, 134, 137, 138, 140 and 141 of this Compliance
Order are effective immediately. The remaining requirements of
this Compliance Order shall become effective within ten (10)
calendar days of receipt unless you request an informal
conference pursuant to the following paragraph. Should you
request an informal conference, the Compliance Order, except
for paragraphs 133, 134, 137, 138, 140 and 141 which are
effective immediately, will not become effective until further
notice is issued after such conference.
OPPORTUNITY TO REOUEST INFORMAL CONFERENCE
146. If you wish to discuss the existence or the gravity of the
violations cited herein or to discuss the terms of the
Compliance Order or to request further explanation of the
violations cited herein, you may request an informal
conference within ten (10) calendar days of receipt of this
Compliance Order. The Division will schedule a conference to
be held within twenty (20) days of your receipt of the
Compliance Order. Although this conference is an informal
proceeding, you may, if you so desire, have legal counsel
attend with you. In order to maintain the factual accuracy of
this meeting with the Department, this meeting will be audio
taped in accordance with the Department's policy. Should you
wish to schedule an informal conference, or should you have
any questions regarding this Compliance Order, you may
contact:
950288
Platt. Chemical Cavan"'
Compliance Order
Page ]J
Scott Klarich, Environmental Compliance Officer
Monitoring and Enforcement Section
Hazardous Materials and Waste Management Division
Colorado Department of Public Health and Environment
Mail Code: HMWMD-HWC-B2
4300 Cherry Creek Drive South
Denver, Colorado 80222-1530 Telephone: (303) 692-3369
FOR THE COLORADO DEPARTMENT fd'P PUBLIC HEALTH AND ENVIRONMENT
BY:
DATE:
Frederick R. Dowsett, Chief
Monitoring and Enforcement Section
Hazardous Materials and Waste Management Division
Colorado Department of Public Health and Environment
Approved as to Form:
FOR THE ATTORNEY GENERAL
GALE A. NORTON
Attorney General
STEPHEN K. ERRENBRACK
Chief Deputy Attorney General
TIMOTHY M. TYMKOVICH
Solicitor General
PATRICIA S. BANGERT
Deputy Attorney General
DANIEL S. MILLER
Fi;st Assistant Attorney General
Ul.
* Bradl=y Cameron, #11183
Assistan a torney General
Natural Resources Section
Attorneys for the Department
Date
1525 Sherman Street, 5th Floor Telephone:(303) 866-5072
Denver, Colorado 80203 * Counsel of Record
950288
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