DSHW-2024-004789

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Clean Harbors Aragonite , LLC
11600 North Aptus Road
Aragonite , UT 84029
435 .884 .8100
www.cleanharbors .com
February 9, 2024
Sent via [e-mail]
Mr. Douglas J. Hansen, Director
Division of Waste Management & Radiation Control
Department of Environmental Quality
195 North 1950 West
P.O. Box 144880
Salt Lake City , UT 84114-4880
Div o1 VV-:::.;,,(c,; •via11agement
and Radiation Control
FEB 2 2 2024
RE: Response to Proposed Stipulation and Consent Order No. 2210117 for Resolution of
Notice of Violation (NOV) Number 2205051
Clean Harbors Aragonite, LLC
EPA Number -UTD 981 552 177
Dear Mr. Hansen ,
On January 31 , 2024 Clean Harbors Aragonite, LLC (CHA) received the agreed upon stipulation
and consent order (SCO) No. 2210117 , which was to resolve Notice of Violation (NOV) No .
2205051.
CHA has enclosed the signed Stipulation and Consent Order No. 2210117 for your review and
signature. This document was signed on February 8, 2024.
I certify under penalty of law that this document and all attachments were prepared under my
direction or supervision according to a sy stem designed to assure that qualified personnel
properly gather and evaluate the information submitted . Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information , the information submitted is , to the best of my knowledge and belief, true , accurate ,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing violations.
Should you have any questions regarding this matter , please contact me at the number listed
below.
Sincerely ,
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-U>..UAU.>UKU.>...u..zw.._
William L Simmons
Facility GM III
Clean Harbors Aragonite , LLC
11600 North Aptus Road
PO Box 1339
Grantsville , Utah 84029-13 3 9
(o) 435.844 .8351
(c) 870.310 .6029
simmons . william @cleanharbors.com
www.cleanharbors.com
State of Utah
SPENCER J, COX
Governor
DEIDRE HENDERSON
Lieutenant Governor
Department of
Environmental Quality
Kimberly D. Shelley
Executiv, Director
DIVISION OF WASTE MANAGEMENT
AND RADIATION CONTROL
Douglas J, Hansen
Director
January 31, 2024
William Simmons, Facility General Manager III
Clean Harbors Aragonite, LLC
P.O. Box 1339
Grantsville, UT 84029-1339
RE: Two Copies of Stipulation and Consent Order No. 2210117 for Signature
UTD981255177
Dear Mr. Simmons:
Enclosed please find two copies of Stipulation and Consent Order No. 2210117 to resolve Notice of
Violation No. 220S0S 1. The public comment period began on November 2, 2023, and ended on
December 1, 2023; no comments were received.
Please have both copies signed and return them both to the Division of Waste Management and
Radiation Control. I will then sign and date both copies and return one to you for your records. The
effective date of the Stipulation and Consent Order will be the date of my signature.
If you have any questions,please call Adam Wingate at 38S-499-0213.
Sincerely,
l.. fl __ +V«
d!.'ir.i-i~en, Director
Division of Waste Management and Radiation Control
DJWAJW/jk
Enclosure: Two Original Copies of Stipulation and Consent Order No. 2210117
(DSHW-2024-004078)
DSHW-2024-004077 195 North 1950 West• Salt Lake City. UT
Mailing Address: P.O. Box 144880 • Salt Lake City, UT 84114-4880
Telephone(~0I) 536-0200 • Fax [phone] • T.D.D. 711
wiuw.d,q.11tah.gou
Printed on 100% recycled paper
In the Matter of:
CLEAN HARBORS ARAGONITE, LLC
Notice of Violation and Compliance Order
No. 2205051
UTD 981 552 177
---ooOoo--
STIPULATION AND CONSENT ORDER
No.2210117
This STIPULATION AND CONSENT ORDER (CONSENT ORDER) is issued by the
DIRECTOR OF THE UTAH DIVISION OF WASTE MANAGEMENT AND RADIATION CONTROL
(Director) pursuant to the Utah Solid and Hazardogs Waste Act (the Act), Utah Code§ 19-6-101, et seq. and
Utah Hazardous Waste Rules R315-260 through R31S-273 of the Utah Administrative Code (the Rules).
JURISDICTION
1. The Director has jurisdiction over the subject matter of this CONSENT ORDER pursuant to
Utah Code§§ 19-6-107 and 19-6-112 and jurisdiction over the Aragonite facility owned and
operated by Clean Harbors Aragonite, LLC (CHA). CHA consents to and will not challenge
issuance of this CONSENT ORDER or the Director's jurisdiction to enter and enforce this ORDER.
CHA and the Director are the parties to this agreement.
2. The Waste Management and Radiation Control Board has authority to review and approve or
disapprove this CONSENT ORDER pursuant to Utp Code§ 19-6-104(1)(e).
FINDINGS
3. CHA is a Delaware Limited Liability Company registered to conduct business in the State of Utah
and is a subsidiary of Clean Harbors, Inc., a Massachusetts corporation also registeled to conduct
business in the State of Utah. CHA is the owner and operator of the Amgonite facility.
4,. The Aragonite facility is a commercial hazardous waste incinerator, transfer, and storage facility
located in Tooele County, Utah, and is operated under the provision:s of the Sfa?-issued Hazardous
Waste Part B Permit issued on March 30, 1990, as modified (the Permit). The Permit was renewed
and reissued most recently on September 28, 2012.
S. CHA is a "person" as defined in Utah Code § 19-1-103( 4) and is subject to all applicable provisions
of the Utah Administrative Code (the Rules), the Act, and the Permit.
6. Authorized representatives of the Director conducted a hazardous waste inspection at the Aragonite
facility from Aug~st 30 to September 16, 2021 (the FY2021 inspection). In addition, the facility
self-reported several non-compliance issues during the 2021 fiscal year (October 1, 2020, through
September 30, 2021).
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7. Based on findings documented during the FY202 l inspection and the self-reported non-compliance,
the Director issued NOTICE OF VIOLATION AND COMPLIANCE ORDER No. 2205051
(the NOV /CO) on June 24, 2022, alleging violations by CHA of its Pennit and the Utah
Administrative Code (DSHW :-2022-013402).
8. CHA filed a response to the NOV/CO on July .27, 2022 (DSHW-2022-022210).
9. In accordance with the Civil Penalty Policy, Utah Administrative Code R31S-102 of the Rules,
which considers such factors as the gravity of the violations, the extent of deviation from the rules,
the potential for harm to human health and the environment, good faith efforts to comply, and other
factors, the Director calculated and proposed a penalty based on the violations alleged in the
NOV/CO.
10. The Director reduced the calculated penalty as a result of self-reporting no~-compliance.
STIPULATION AND CONSENT ORDER
11. This CONSENT ORDER has been negotiated in good faith and the parties now wish to fully resolve
the NOV /CO without further administrative or judicial proceedings.
12. In full settlement of the violations alleged in the NOV/CO (with the exceptions of Violation 13 and
Violation ·p, which are discussed below), CHA shall paY, a penalty of$90,030.50. CHA shall make
payment as follows:
12.01. A cash payment of $75,030.50 shall be made within thirty days of the effective date of this
CONSENT ORDER as described in ,r 12.02.
12.02. Payment shall be made to the State of Utah, Deparbnent of Environmental Quality,
c/o Douglas J. Hansen, Director, Division of Waste Management and Radiation Control,
P.O. Box 144880, Salt Lake City, Utah 84114-4880.
13. The Director agrees to defer $10,000.00 of the calculated penalty of$15,600.00 relating to
Violation 13 of the NOV/CO if: (I) CHA immediately removes approval of all cu.rrently approved
profiles that contain material CHA is not pennnted to accept. and (2) CHA investigates the approval
process for any future profile that contains material CHA is not permitted to accept and is approved
to CHA. CHA will detennine the root cause(s) contributing to how the profile was wrongfully
approved and document in the facility operati~g record the corrective actions taken to ensure the root
cause(s) does not happen again. This record will be made available to the Division of Waste
Management and Radiation Control (Division) upon request.
13.01. If CHA complies with ,i 13 for a minimum of one year from the effective date of this
CONSENT ORDER, the Director agrees to vacate the deferred penalty ofSl0,000.
13.02. If the Division finds that CHA fails to comply with 1 13 at any point within the year
following the effective date of~ CONSENT ORDER, CHA shall pay the deferred penalty
of $10,000.00 as described in ,i 12.02. CHA shall pay the deferred penalty not later than
30 days after the Notice of Violation containing the findjng becomes final.
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14. During the inspection, CHA immediately corrected the un-containerized waste issue cited as
Violation 27 in the NOV /CO. Additionally, in numerous compliance assistance visits throughout the
year, inspectors have not witnessed similar violations and agree that this incident is most likely
isolated. For these reasons, the Director agrees to defer $S,000.00 of the calculated penalty of
$10,000.00 relating to Violation 27 of the NOV/CO if: (1) CHA immediately updates operating
procedures and training material to ensure that the issues noted in Violation 27 do not recur, and
(2) CHA does not store waste pull~d from the bulk solids shredder outside ofpennitted storage
henceforth.
14.01. If CHA complies with ,r 14 for a minimum of one year from the effective date of this
CONSENT ORDER, the Director agrees to vacate the defem4 penalty of $5,000.
14.02. If the Division finds that CHA fails to comply with ,r 14 at any point within the year
following the effective date of this CONSENT ORDER, CHA shall pay the deferred penalty
of $5,000.00 as described in 'II 12.02. CHA shall pay the deferred penalty not later than
30 days after the Notice of Violation containing the finding becomes final.
EFFECT OF' CONSENT ORDER
15. For the purpose of this CONSENT ORDER, the parties agree and stipulate to the above stated facts.
The obligations in this CONSENT ORDER apply to and are binding upon the Division of Waste
Management and Radiation Control and upon CHA and any of CHA's successors, assigns, or other
entities or persons otherwise bound by law.
16. The stipulations contained herein are for the purposes of settlement and shall not be considered
admissions by any party and shall not be used by any person related or unrelated to this CONSENT
ORDER for purposes other than detennining the basis of this CONSENT ORDER. Nothing
contained herein shall be deemed to constitute a wajver by the State of Utah of its right to initiate
enforcement action, including civil penaltJes, agains~ CHA in the event of future non-compliance
with this CONSENT ORDER, with the Act, with the Rules, or with the Pennit; nor shall the State of
Utah be precluded in any way from taking appropriate action should such a situation arise again at
the CHA facility. However, entry into this CONSENT ORDER shall relieve CHA of all liability for
violations which did arise or could have arisen with respect to the allegations contained in the
NOV/CO.
PUBLIC PARTICIPATION
17. This CONSENT ORDER shall be subject to public notice and comment for a period of at least
30 days (Comment Period) in accordance with Utah Administrative Code R315-124-34. The
Director reserves the right to withdraw or withhold his consent if any comment received during the
Comment Period discloses facts or consideration indicating the CONSENT ORDER is inappropriate,
improper, or inadequate.
EFFECTIVE DATE
18. This CONSENT ORDER shall become effective upon the date of execution by the Director.
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SIGNATORY
19. The undersigned representative of Clean Harbors Aragonite, LLC certifies that the representative is
authorized to enter into this CONSENT ORDER and to execute and legally bind Clean Harbors
Aragonite, LLC.
Pursuant to the Utah Solid and H87Jll'dous W~e Act (the Act), Utah Code§ 19-6-101, et seq., in the
Matter of Clean Harbors Aragonite Notice of Violation and Compliance Order No. 2205051, the
parties hereto mutually agree and consent to STIPULATION AND CONSENT ORDER No. 2210117
as evidenced below:
CLEAN HARBORS ARAGONITE, LLC
Rebecca Underwood, President and EVP
Date: 'Z... / fr I 'l o 2.. l/
THE STATE OF UTAH
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WASTE MANAGEMENT
AND RADIATION CONTROL
Douglas 1J.r8'sen,riirector
Date: -z_/z:z .. /-lDz.'-(
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