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Home My WebLink AboutDSHW-1990-001213 - 0901a0688013ecfe77T^CO^^^>£ CORPORATION EXECUTIVE OFFICES CERTIFIED MAIL - RETURN RECEIPT KGF-FY91-009 16 July 1990 Mr. Dennis R. Downs Executive Secretary Solid and Hazardous Waste Committee Utah Department of Health P.O. Box 16690 Salt Lake City, Utah 84116-0690 A'l TN: Brad Maulding REQUESTED ^^^^^nrlA 1990.206^^ .!!1L 1.71'^'-^n SliiGiil' A. ::..^-:-.. i-. .\.AA::luil'j V^3Ste SUBJECT: Financial Assurance Record Review UTD009081357 Notice of Violation and Order for Compliance Dear Mr. Downs: Enclosed is a revised financial instrument which we are submitting in response to the subject notice of violation. The enclosed revision is based on phone conversations with Mr. Brad Maulding of your Department. Apparently the 22 February 1990 submittal was based on a different edition of regulations published in the Federal Register. This resulted in the omission of some verbage and confusion regarding how the document was to be completed. The enclosed revision does not change the financial data or test in the report. We believe this submittal resolves completely all of the issues raised in the notice of violation and that no further actions are necessary. The submission of this revision in no way constitutes an admission of guilt or concurrance with the alleged notice of violation. We do, therefore, reserve our right to a hearing should the State conclude that any action beyond the submittal of the enclosed revision is necessary. If there should be any questions on this information please contact me at (801) 629- 2483. Sincerely, Kenneth G. Ford, P.E. Corporate Manager, Environmental Affairs CC: C. L. Heath A. K. Lemon 2475 Wastiington Blvd, Ogden, UT 84401 1801) 629-2200 TTVC^^^^^ CORPORATION EXECUTIVE OFFICES DSHW TN 1990.20617 KGF-FY91-007 12 July 1990 Mr. Brad Maulding Utah Department of Health P. O. Box 16690 Salt Lake City, Utah 84116-0690 Subject: Financial Assurance Record Review UTD009081357 Notice of Violation and Order for Compliance Dear Mr. Maulding: This is to confirm our phone conversation on 12 July 1990 concerning the subject Notice of Violation issued by your department on 27 June 1990. Thiokol Corporation intends to submit a revised fmancial instrument correcting the language difference and reference to a subsidiary of the Company. The changes will be identical to those discussed. If there should be any questions on this information please contact me at (801) 629- 2483. Sincerely, Kenneth G. Ford. P. E. Corporate Manager, Environmental Affairs CC: C. L. Heath D. J. Lee A. K. Lemon 2475 Washington Blvd, Ogden, UT 84401 (8011 629-2200 Norman H. Bangerter Governor Suzanne Dandoy, M.D . .M.P.H. Expruuve Dirccinr Kenneth L. ,\Jkema DirtTtor :1. i I'l LL DEPARTMENT OF HEALTH DIVISION OF ENVIRONMENTAL HEALTH Bureau ot Sond & Hazaraous Wasie 288 Norm 1 460 Wesl. P O Box 16690 Salt Lake Crty. Utan 84116-0690 1801) 538-6170 DSHW TN 1990.20618 JUN 2 7 1990 Mr. Al Lemon Environmental Coordinator Thiokol Corporation Strategic Operations P.O. Box 689 Brigham City,^ Utah 84302-0689 Re: Financial Assurance Record Review UTD009081357 NOTICE OF VIOLATION AND ORDER FOR COMPLIANCE Dear Mr. Lemon: Enclosed is a NOTICE OF VIOLATION AND ORDER FOR COMPLIANCE based on the findings documented during a record review performed on April 10, 1990, of a financial test mechanism submitted on February 23, 1990. Please be advised that compliance with this ORDER is mandatory and will not relieve the company of liability for past violations. If you have any questions, please contact Brad Maulding at (801)538-6170. Sincerely, Dennis R. Downs, Executive Secretary Utah Solid and Hazardous Wastes Committee Enclosure c: Fred Nelson, Office of the Attorney General John C. Bailey, Bear River District Health Department Larry Wapensky, U.S. EPA, 8HWM-RI Carol Lee, U.S. EPA, 8HWM-WM DRD/BM/ckh BEFORE THE UTAH SOLID AND HAZARDOUS WASTES COMMITTEE ooOoo In the Matter of: THIOKOL CORPORATION UTAH-BASED OPERATIONS UTD009081357 NOTICE OF VIOLATION AND ORDER FOR COMPLIANCE No:90051325 ooOoo This NOTICE OF VIOLATION AND ORDER FOR COMPLIANCE is issued by the UTAH SOLID AND HAZARDOUS WASTES COMMITTEE (the Committee) pursuant to the Utah Solid and Hazardous Waste Act (the Act), section 26-14-1, et seq,. Utah Code Annotated 1953, as amended. The Committee has delegated to the Executive Secretary authority to issue such ORDERS in accordance with section 26-14-7(7) of the Utah Code. FINDINGS 1. Thiokol Corporation (Thiokol) is a Delaware Corporation licensed to transact business in Utah at its manufacturing facility in Box Elder County, Utah. Principal Executive Offices are located in Ogden, Utah. 2. Thiokol manufacturers, develops, and tests a wide range of high technology solid propulsion systems, ordinance, and composite products for the space and defense industries. From these processes Thiokol generates, treats, and stores listed and characteristic hazardous wastes as defined by R450-2 of the Utah Administration Code (the Code). These hazardous wastes are indicated on the notification and current Part A (November 3, 1988) on file at the Utah Department of Health, Bureau of Solid and Hazardous Waste. 3. Thiokol is subject to all applicable provisions of the Code. 4. On April 10, 1990, a financial assurance record review was performed at the Utah Department of Health on financial test documents submitted by Thiokol on February 23, 1990. 5. R450-7-15 of the Code [40 CFR 264.147(f)(3)(i)] requires owners or operators utilizing the financial test to demonstrate both assurance for closure or post-closure care and liability coverage by submitting the letter as specified in 4 0 CFR 264.151(g). During the review of April 10, 1990, it was documented that the corporate guarantee section, paragraph three, of the submitted Letter from the Chief Financial Officer of Thiokol is not identical to the wording specified in 40 CFR 264.151(g). Specifically, the words "subsidiaries of the firm" were not included at the end of the paragraph. 6. R450-7-15 of the Code [40 CFR 264.147(f)(3)(i)] requires owners or operators utilizing the financial test to demonstrate both assurance for closure or post-closure care and liability coverage by submitting the letter as specified in 4 0 CFR 264.151(g). The required Letter from the Chief Financial Officer, paragraph three, provides a section for parent corporations to provide liability coverage for facilities owned or operated by subsidiaries. This liability coverage is provided by a parent corporation through a corporate guarantee as specified in 40 CFR 264.147(g)(1). During the review of April 10, 1990, it was noted that a subsidiary requiring a corporate guarantee for liability coverage was listed in paragraph three of the Letter from the Chief Financial Officer as Thiokol Corporation, Ogden, Utah 84409. The required corporate guarantee was not submitted. DETERMINATION OF VIOLATIONS Based on the foregoing FINDINGS, Thiokol has violated provisions of the Code applicable to its facility. Specifically, Thiokol has violated the following: 1. R450-7-15 of the Code [40 CFR 264.147(f)(3)(i)] by failing to submit the Letter from the Chief Financial Officer with the identical wording specified in 40 CFR 264.151(g). 2. R450-7-15 of the Code [40 CFR 264.151(g)] by failing to submit a corporate guarantee for the subsidiary of the parent corporation listed in paragraph three of the Letter from the Chief Financial Officer. ORDER Based on the foregoing FINDINGS AND VIOLATIONS, Thiokol pursuant to 26-14-7 and 26-14-11, is hereby ORDERED to: 1. Immediately initiate all actions necessary to achieve total compliance with all applicable provisions of the Code. 2. Submit to this office by July 27, 1990, a letter from the Chief Financial Officer that contains the identical language specified in 40 CFR 264.151(g). 3. Submit to this office by July 27, 1990, a corporate guarantee for liability coverage for the owner or operator of the subsidiary listed in paragraph three of the Letter from the Chief Financial Officer. 4. Notify this office on or before July 13, 1990, of Thiokol's intent to comply with this ORDER and indicate how compliance is to be achieved. COMPLIANCE. OPPORTUNITY FOR HEARING This ORDER is effective immediately and shall become final unless Thiokol requests a hearing within thirty (30) days pursuant to R450-2-5.2 of the Code. Section 26-14-13 of the Utah Code Annotated provides that violators of the Solid and Hazardous Waste Act and/or any ORDER issued thereunder may be subject to a civil penalty of up to Ten Thousand Dollars ($10,000.00) per day for each day 6f violation. Dennis R. Downs Executive Secretary Utah Solid and Hazardous Wastes Committee DRD/BCM/cw