DSHW-2024-007520

NARRATIVE EXPLANATION TO SUPPORT
PENALTY AMOUNT FOR PROPOSED STIPULATION AND CONSENT ORDER

NOV # 2211136 Violation Number 1

Violation description: Failure to make an accurate waste determination as to whether a solid waste
is a hazardous waste.

1. Gravity Based Penalty – $7,800.00

(a) Potential for Harm – Major

Alpine Creations LLC DBA Cache Valley Plating’s failure to make an accurate and timely
determination of the unknown lab waste and CZ-93 hazardous waste could have led to a
significant amount of hazardous waste being disposed of improperly and posed a high risk of
exposure to humans and the environment. Toxic metals (e.g., chromium), listed hazardous
wastes (e.g., F006), and characteristic waste (e.g., corrosives) are hazardous wastes
associated with metal plating.

Alpine Creations LLC DBA Cache Valley Plating’s failure to make an accurate and timely
hazardous waste determination has a MAJOR impact on the foundational regulatory purpose
of the hazardous waste program, which starts with accurate waste determinations for proper
waste management of a generator’s waste.

(b) Extent of Deviation – Moderate

Alpine Creations LLC DBA Cache Valley Plating did not make an accurate waste
determination for two satellite containers of hazardous waste in the lab area, and one
intermediate bulk container (IBC) in the central accumulation area. The two satellite
containers were labeled “lab waste” and the IBC was labeled “CZ-93 working solution pH
10.79” instead of “Hazardous Waste”. These containers were manifested off site as
hazardous waste on February 20, 2023.

(c) Multiple/Multi-day – N/A

2. Adjustment Factors (if applicable) – N/A

(a) Good faith – N/A

(b) Willfulness/Negligence – N/A

(c) History of Compliance or Noncompliance - N/A

(d) Ability to pay – N/A

(e) Other Unique Factors – N/A

3. Economic Benefit – The economic benefit was negligible since the waste was eventually
managed as a hazardous waste.

4. Recalculation of Penalty based on New Information – N/A

TOTAL: $7,800.00

NARRATIVE EXPLANATION TO SUPPORT
PENALTY AMOUNT FOR PROPOSED STIPULATION AND CONSENT ORDER

NOV # 2211136 Violation Number 2

Violation description: Failure to determine its generator category for each month, and when making
the monthly quantity-based determinations, the generator failed to include all hazardous waste
that it generates.

1. Gravity Based Penalty – $7,800.00

(a) Potential for Harm – Major

Alpine Creations LLC DBA Cache Valley Plating’s failure to include all hazardous waste
that it generates has led to large quantity generator requirements that protect human health
and the environment from high risk of exposure not being implemented. Large quantity
generator requirements are more stringent than those for a small quantity generator, such as
accumulation time limitations and contingency plan requirements.

Alpine Creations LLC DBA Cache Valley Plating’s failure to determine its correct generator
category has a MAJOR impact on the Division’s ability to accurately inspect the facility,
leading inspectors to evaluate at a lesser compliance evaluation.

(b) Extent of Deviation – Moderate

Alpine Creations LLC DBA Cache Valley Plating did not accurately determine its generator
category since it only counted the weight of the F006 filter cake instead of all hazardous
waste generated at the facility. This is a moderate deviation from the requirements of
Utah Administrative Code R315-262-13.

(c) Multiple/Multi-day – N/A

2. Adjustment Factors (if applicable) – N/A

(a) Good faith – N/A

(b) Willfulness/Negligence – N/A

(c) History of Compliance or Noncompliance – Could not be determined since Alpine Creations
LLC DBA Cache Valley Plating had no records.

(d) Ability to pay – N/A

(e) Other Unique Factors – N/A

3. Economic Benefit – Could not be calculated since records were not kept to determine if
additional Large Quantity Generator requirements such as a contingency plan would be
required.

4. Recalculation of Penalty based on New Information – N/A

TOTAL: $7,800.00

NARRATIVE EXPLANATION TO SUPPORT
PENALTY AMOUNT FOR PROPOSED STIPULATION AND CONSENT ORDER

NOV # 2211136 Violation Number 3

Violation description: Failure to clean up a hazardous waste spill event as soon as practicable.

1. Gravity Based Penalty – $1,560.00

(a) Potential for Harm – Moderate

Alpine Creations LLC DBA Cache Valley Plating’s failure to immediately clean up toxic and
corrosive hazardous waste posed a moderate risk of exposure to human health and potentially
the environment.

Alpine Creations LLC DBA Cache Valley Plating’s failure to immediately clean up released
hazardous waste has a MAJOR impact on hazardous waste program’s intent of protecting
human health.

(b) Extent of Deviation – Minor

Alpine Creations LLC DBA Cache Valley Plating had not cleaned up less than 10 gallons of
hazardous waste solids and liquids that had been spilled inside the building a week prior to
the inspection, which deviates from the Utah Administrative Code R315-262-16(b)(8)(i) and
R315-262-16(b)(9)(iv)(B). The spills were completely cleaned up shortly after the
inspection.

(c) Multiple/Multi-day N/A

2. Adjustment Factors (if applicable) – N/A

(a) Good faith – N/A

(b) Willfulness/Negligence – N/A

(c) History of Compliance or Noncompliance – N/A

(d) Ability to pay – N/A

(e) Other Unique Factors – N/A

3. Economic Benefit – The economic benefit was evaluated and determined to be negligible.

4. Recalculation of Penalty based on New Information – N/A

TOTAL: $1,560.00

NARATIVE EXPLANATION TO SUPPORT
PENALTY AMOUNT FOR PROPOSED STIPULATION AND CONSENT ORDER

NOV # 2211136 Violation Number 4

Violation description: Failure to attempt to make arrangements with local authorities.

1. Gravity Based Penalty – $0

(a) Potential for Harm – N/A

(b) Extent of Deviation – N/A

(c) Multiple/Multi-day – N/A

2. Adjustment Factors (if applicable) – N/A

(a) Good faith – N/A

(b) Willfulness/Negligence – N/A

(c) History of Compliance or Noncompliance – N/A

(d) Ability to pay – N/A

(e) Other Unique Factors – N/A

3. Economic Benefit – N/A

4. Recalculation of Penalty based on New Information – No penalty will be assessed because
Alpine Creations LLC DBA Cache Valley Plating provided documentation that no violation
occurred.

TOTAL: $0.00

NARRATIVE EXPLANATION TO SUPPORT
PENALTY AMOUNT FOR PROPOSED STIPULATION AND CONSENT ORDER

NOV # 2211136 Violation Number 5

Violation description: Failure to post all emergency information next to telephones or in areas
directly involved in hazardous waste generation or accumulation.

1. Gravity Based Penalty – $50

(a) Potential for Harm – Minor

Alpine Creations LLC DBA Cache Valley Plating’s failure to post locations of fire
extinguishers and spill control material may lead to a minor risk of hazardous waste exposure
to humans or the environment during an emergency event because the plating shop is small,
and employees were aware of the location of spill control material.

(b) Extent of Deviation – Minor

Alpine Creations LLC DBA Cache Valley Plating did not comply with the requirements to
post map locations of fire extinguishers and spill control material, which deviates from the
Utah Administrative Code R315-262-16(b)(9)(ii). The extent of deviation was categorized as
minor because the plating shop is small, and employees were aware of the location of spill
control material.

(c) Multiple/Multi-day – N/A

2. Adjustment Factors (if applicable) – N/A

(a) Good faith – N/A

(b) Willfulness/Negligence – N/A

(c) History of Compliance or Noncompliance – N/A

(d) Ability to pay – N/A

(e) Other Unique Factors – N/A

3. Economic Benefit – The economic benefit was evaluated and determined to be negligible.

4. Recalculation of Penalty based on New Information – N/A

TOTAL: $ 50.00

NARRATIVE EXPLANATION TO SUPPORT
PENALTY AMOUNT FOR PROPOSED STIPULATION AND CONSENT ORDER

NOV # 2211136 Violation Number 6

Violation description: Failure to provide Department of Transportation hazardous materials
shipper training for employees signing uniform hazardous waste manifests.

1. Gravity Based Penalty – $2,600.00

(a) Potential for Harm – Moderate

Alpine Creations LLC DBA Cache Valley Plating’s failure to provide Department of
Transportation (DOT) hazardous materials shipper training to employees signing uniform
hazardous waste manifests may pose a moderate risk to human health and the environment
due to improper knowledge of DOT’s safety requirements when transporting a hazardous
waste.

(b) Extent of Deviation – Moderate

Alpine Creations LLC DBA Cache Valley Plating did not ensure that the two employees who
signed uniform hazardous waste manifests were provided DOT training, a moderate deviation
from Utah Administrative Code R315-262-16(b)(9)(iii).

(c) Multiple/Multi-day – N/A

2. Adjustment Factors (if applicable) – N/A

(a) Good faith – N/A

(b) Willfulness/Negligence – N/A

(c) History of Compliance or Noncompliance – N/A

(d) Ability to pay – N/A

(e) Other Unique Factors – N/A

3. Economic Benefit – Total $405.70. The economic benefit was evaluated and determined to
be $202.85 per person, the cost of the Training 360 online DOT HazMat Shipping Courses.

4. Recalculation of Penalty based on New Information – N/A

TOTAL: $ 3,005.70

NARRATIVE EXPLANATION TO SUPPORT
PENALTY AMOUNT FOR PROPOSED STIPULATION AND CONSENT ORDER

NOV # 2211136 Violation Number 7

Violation description: Failure to maintain aisle space to allow unobstructed movement of personnel,
fire protection equipment, spill control equipment, and decontamination equipment.

1. Gravity Based Penalty – $2,600.00

(a) Potential for Harm – Moderate

Alpine Creations LLC DBA Cache Valley Plating’s failure to maintain aisle space to allow
unobstructed movement of personnel and equipment posed a moderate risk of exposure to
hazardous waste while inspecting or responding to spills or releases of hazardous waste.
Inspectors were unable to move freely in the aisle space to properly inspect all containers
during the inspection. Emergency personnel may not have been able to respond to limit the
release of hazardous waste during an emergency.

Alpine Creations LLC DBA Cache Valley Plating’s failure to maintain aisle space to allow
unobstructed movement of personnel has an impact on the hazardous waste program’s intent
to protect human health and the environment during an emergency.

(b) Extent of Deviation – Moderate

Alpine Creations LLC DBA Cache Valley Plating did not follow aisle space requirements for
unobstructed movement of personnel and equipment, a moderate deviation from Utah
Administrative Code R315-262-16(b)(8)(v).

(c) Multiple/Multi-day – Unable to document multiple days.

2. Adjustment Factors (if applicable) – N/A

(a) Good faith – N/A

(b) Willfulness/Negligence – N/A

(c) History of Compliance or Noncompliance – History of non-compliance from the May 26, 2016,
compliance evaluation inspection. Increase was not applied.

(d) Ability to pay – N/A

(e) Other Unique Factors – N/A

3. Economic Benefit – The economic benefit was evaluated and determined to be negligible.

4. Recalculation of Penalty based on New Information – N/A

TOTAL: $ 2,600

NARRATIVE EXPLANATION TO SUPPORT
PENALTY AMOUNT FOR PROPOSED STIPULATION AND CONSENT ORDER

NOV # 2211136 Violation Number 8

Violation description: Failure to sign land disposal restriction notification form.

1. Gravity Based Penalty – $50.00

(a) Potential for Harm – Minor

Alpine Creations LLC DBA Cache Valley Plating’s failure to sign land disposal restriction
notification forms may lead to hazardous waste being untreated or treated improperly at a
designated facility, posing a small risk to human health and the environment.

(b) Extent of Deviation – Minor

Alpine Creations LLC DBA Cache Valley Plating did not follow procedure by not
identifying if the hazardous waste was a wastewater or non-wastewater on the land disposal
restriction form, a minor deviation from the Utah Administrative Code R315-268-7(a)(2).

(c) Multiple/Multi-day – N/A

2. Adjustment Factors (if applicable) – N/A

(a) Good faith – N/A

(b) Willfulness/Negligence – N/A

(c) History of Compliance or Noncompliance – N/A

(d) Ability to pay – N/A

(e) Other Unique Factors – N/A

3. Economic Benefit – The economic benefit was evaluated and determined to be negligible.

4. Recalculation of Penalty based on New Information – N/A

TOTAL: $ 50.00