DSHW-2024-009302

NARRATIVE EXPLANATION TO SUPPORT PENALTY AMOUNT FOR PROPOSED STIPULATION AND CONSENT ORDER NOV # 2209111 Violation number 1 Violation Description: Failure to notify as a facility managing hazardous secondary materials
prior to operating. 1. Gravity Based Penalty: $50.00 (a) Potential for Harm – Minor Aspen Press Co.’s failure to notify as a hazardous waste secondary materials handler has a minor potential for harm to human health and the environment because it is a
fundamental aspect of the hazardous waste program to ensure compliance. (b) Extent of Deviation – Minor Aspen Press Co. submitted the RCRA Subtitle C notification form EPA 8700-12 requesting to operate as a hazardous waste secondary materials handler on September 30, 2022. (c) Multiple/Multi-day – NA 2. Adjustment Factors (if applicable) – NA (a) Good faith – NA (b) Willfulness/Negligence – NA (c) History of Compliance or Noncompliance – NA (d) Ability to pay – NA (e) Other Unique Factors – NA 3. Economic Benefit – There was no economic benefit for this recordkeeping issue. 4. Recalculation of Penalty based on New Information – NA TOTAL: $50.00
NARRATIVE EXPLANATION TO SUPPORT PENALTY AMOUNT FOR PROPOSED STIPULATION AND CONSENT ORDER NOV # 2209111 Violation numbers 2 & 3 Violation Description: Failure to abide by Satellite Accumulation Areas (SAAs) storage
requirements and to remove the excess SAA waste to the Central Accumulation Areas (CAAs) within three conservative calendar days once 55 gallons was exceeded. 1. Gravity Based Penalty: $1,560.00 (a) Potential for Harm – Moderate Aspen Press Co.’s failure to properly remove the excess SAA waste could lead to
mismanagement of the waste and failure to properly inspect containers due to less stringent SAA regulations, which do not require weekly inspection of the containers like the containers in CAAs. (b) Extent of Deviation – Minor Aspen Press Co.’s extent of deviation is minor because inspectors observed one full 275-gallon tote in the SAA area. (c) Multiple/Multi-day – NA 2. Adjustment Factors (if applicable) (a) Good faith – Decreased 50% ( -$780). Aspen Press Co. responded promptly to rectify this violation. (b) Willfulness/Negligence – NA (c) History of Compliance or Noncompliance – NA (d) Ability to pay – NA (e) Other Unique Factors – NA 3. Economic Benefit – The economic benefit was evaluated and determined to be negligible. 4. Recalculation of Penalty based on New Information – NA TOTAL: $780.00
NARRATIVE EXPLANATION TO SUPPORT PENALTY AMOUNT FOR PROPOSED STIPULATION AND CONSENT ORDER NOV # 2209111 Violation number 4 Violation Description: Failure to provide documentation of the quantity of hazardous waste on
the premises to verify the quantity did not exceed 13,200 pounds, the threshold for a small quantity generator. 1. Gravity Based Penalty: $2,600.00 (a) Potential for Harm – Moderate Aspen Press Co.’s failure to document the amount of waste on site could lead to the
mismanagement of waste, which poses a moderate potential for harm to human health
and the environment. (b) Extent of Deviation – Moderate Aspen Press Co. had no tracking system in place at the time of the inspection. (c) Multiple/Multi-day – NA 2. Adjustment Factors (if applicable) (a) Good faith – NA (b) Willfulness/Negligence – Decreased 50% ( -$1,300). Aspen Press Co. developed a
container management tracking system to determine their monthly generation status and
where containers were located. (c) History of Compliance or Noncompliance – NA (d) Ability to pay – NA (e) Other Unique Factors – NA 3. Economic Benefit – The economic benefit was evaluated and determined to be negligible. 4. Recalculation of Penalty based on New Information – NA TOTAL: $1,300.00
NARATIVE EXPLANATION TO SUPPORT PENALTY AMOUNT FOR PROPOSED STIPULATION AND CONSENT ORDER NOV # 2209111 Violation number 5 Violation Description: Failure to perform weekly inspections of all Central Accumulation Areas
(CAAs). 1. Gravity Based Penalty: $1,560.00 (a) Potential for Harm – Moderate Aspen Press Co.’s failure to perform weekly inspections of CAAs could lead to lack of remediation of poor and leaking containers, which may lead to workers, the public, and
the environment being exposed to hazardous waste. (b) Extent of Deviation – Minor Aspen Press Co. was not inspecting a newly assigned CAA (Flexible Packing Area); however, it was inspecting the other CAA. (c) Multiple/Multi-day – NA 2. Adjustment Factors (if applicable) (a) Good faith – NA (b) Willfulness/Negligence – NA (c) History of Compliance or Noncompliance – Increased 5% ( +$78) This compliance issue was documented in a previous warning letter to Aspen Press Co. dated March 30, 2020. (DSHW-2020-004704). (d) Ability to pay – NA (e) Other Unique Factors – NA 3. Economic Benefit – The economic benefit was evaluated and determined to be negligible. 4. Recalculation of Penalty based on New Information – NA TOTAL: $1,638.00
NARRATIVE EXPLANATION TO SUPPORT PENALTY AMOUNT FOR PROPOSED STIPULATION AND CONSENT ORDER NOV # 2209111 Violation numbers 6 & 7 Violation Description: Failure to mark or label containers of hazardous waste with the words
“Hazardous Waste,” an “indication of the hazards,” and accumulation start date. 1. Gravity Based Penalty: $1,560.00 (a) Potential for Harm – Moderate Aspen Press Co.’s failure to label hazardous waste containers with the words “Hazardous Waste,” an indication of the hazards of the contents, and an accumulation
start date could lead to mismanagement and improper handling of the waste, and thus
harm human health or the environment. (b) Extent of Deviation – Minor Aspen Press Co. had six drums in the CAA that were not marked or properly labeled. (c) Multiple/Multi-day – NA 2. Adjustment Factors (if applicable) (a) Good faith – NA (b) Willfulness/Negligence – NA (c) History of Compliance or Noncompliance – Increased 5% (+$78) This compliance issue was documented in a previous warning letter issued to Aspen Press Co. on March 30, 2020. (DSHW-2020-004704). (d) Ability to pay – NA (e) Other Unique Factors – NA 3. Economic Benefit – The economic benefit was evaluated and determined to be negligible. 4. Recalculation of Penalty based on New Information – NA TOTAL: $1,638.00
NARATIVE EXPLANATION TO SUPPORT PENALTY AMOUNT FOR PROPOSED STIPULATION AND CONSENT ORDER NOV # 2209111 Violation number 8 Violation Description: Failure to maintain adequate aisle space to allow for unobstructed movement
of personnel and emergency response equipment. 1. Gravity Based Penalty: $1,560.00 (a) Potential for Harm – Moderate Aspen Press Co.’s failure to maintain adequate aisle space to respond to emergencies causes a moderate potential for harm to human health and the environment because it may impede
the responders’ access and response times. (b) Extent of Deviation – Minor Aspen Press Co. had organized some containers to allow for adequate aisle space. (c) Multiple/Multi-day – NA 2. Adjustment Factors (if applicable) (a) Good faith – NA (b) Willfulness/Negligence – NA (c) History of Compliance or Noncompliance – NA (d) Ability to pay – NA (e) Other Unique Factors – Decreased 50% ( -$780). Aspen Press Co. responded promptly to rectify this violation. 3. Economic Benefit – The economic benefit was evaluated and determined to be negligible. 4. Recalculation of Penalty based on New Information – NA TOTAL: $780.00
NARATIVE EXPLANATION TO SUPPORT PENALTY AMOUNT FOR PROPOSED STIPULATION AND CONSENT ORDER NOV # 2209111 Violation number 9 Violation Description: Failure to make or attempt to make arrangements with the local police
department, fire department, hospitals, and other applicable emergency response agencies. 1. Gravity Based Penalty: $1,560.00
(a) Potential for Harm – Moderate Aspen Press Co.’s failure to notify local emergency agencies of operations and chemicals could cause a moderate potential for harm to human health and the environment because
emergency response teams may be unfamiliar with the Facility and its operations. (b) Extent of Deviation – Minor Notification to local response agencies is usually a one-time notification unless processes
change. (c) Multiple/Multi-day – NA 2. Adjustment Factors (if applicable) (a) Good faith – NA (b) Willfulness/Negligence – NA (c) History of Compliance or Noncompliance – NA (d) Ability to pay – NA (e) Other Unique Factors – Decreased 50% (-$780) Aspen Press Co. responded promptly to rectify this violation. 3. Economic Benefit – The economic benefit was evaluated and determined to be negligible. 4. Recalculation of Penalty based on New Information – NA TOTAL: $780.00
NARATIVE EXPLANATION TO SUPPORT PENALTY AMOUNT FOR PROPOSED STIPULATION AND CONSENT ORDER NOV # 2209111 Violation number 10 Violation Description: Failure to have at least one trained employee either on the premises or on
call to be available to respond in case of an emergency. 1. Gravity Based Penalty: $50.00
(a) Potential for Harm – Minor Aspen Press Co.’s emergency contact did not answer his phone when called, which could cause improper emergency measures to be implemented. (b) Extent of Deviation – Minor Aspen Press Co. staff were on the premises, but none were trained as emergency coordinators. (c) Multiple/Multi-day – NA 2. Adjustment Factors (if applicable) – NA (a) Good faith – NA (b) Willfulness/Negligence – NA (c) History of Compliance or Noncompliance – NA (d) Ability to pay – NA (e) Other Unique Factors – NA 3. Economic Benefit – The economic benefit was evaluated and determined to be negligible. 4. Recalculation of Penalty based on New Information – NA TOTAL: $50.00
NARATIVE EXPLANATION TO SUPPORT PENALTY AMOUNT FOR PROPOSED STIPULATION AND CONSENT ORDER NOV # 2209111 Violation number 11 Violation Description: Failure to post emergency information as specified in Utah Admin. Code
R315-262-16(b)(9)(ii)(A)-(C) near the telephone or in areas directly involved in the generation and accumulation of hazardous waste. 1. Gravity Based Penalty: $50.00 (a) Potential for Harm – Minor Aspen Press Co.’s failure to provide any emergency response procedures, which cause a
minor potential for harm because emergency contact information and location of emergency equipment is critical to respond to emergency situations. (b) Extent of Deviation – Minor While emergency information was not posted, some of Aspen Press Co. employees had personal cell phones to dial 911. (c) Multiple/Multi-day – NA 2. Adjustment Factors (if applicable) (a) Good faith – NA (b) Willfulness/Negligence – NA (c) History of Compliance or Noncompliance – Increased 20% (+$10) This compliance issue was documented in a previous Warning Letter issued to Aspen Press Co. on March 30, 2020. (DSHW-2020-004704). (d) Ability to pay – NA (e) Other Unique Factors – NA 3. Economic Benefit – The economic benefit was evaluated and determined to be negligible. 4. Recalculation of Penalty based on New Information – NA TOTAL: $60.00
NARATIVE EXPLANATION TO SUPPORT PENALTY AMOUNT FOR PROPOSED STIPULATION AND CONSENT ORDER NOV # 2209111 Violation number 12 Violation Description: Failure to ensure all employees are thoroughly familiar with proper waste
handling and emergency procedures, relevant to their responsibility during normal facility operations and emergencies. 1. Gravity Based Penalty: $2,600.00 (a) Potential for Harm – Moderate Aspen Press Co.’s employees who are not properly trained could cause a moderate
potential for harm because lack of training could lead to mismanagement of waste and improper mixing of incompatible waste streams. Ensuring employees are properly trained to handle hazardous waste is a fundamental part of the hazardous waste program. (b) Extent of Deviation – Moderate Aspen Press Co. provided no training records at the time of the inspection. (c) Multiple/Multi-day – NA 2. Adjustment Factors (if applicable) (a) Good faith – NA (b) Willfulness/Negligence – NA (c) History of Compliance or Noncompliance – Increased 10% (+$260) This compliance issue was documented in a previous Warning Letter issued to Aspen Press Co. on March 30, 2020. (DSHW-2020-004704). (d) Ability to pay – NA (e) Other Unique Factors – NA 3. Economic Benefit – The economic benefit was evaluated and determined to be the cost of annual training for staff. Sixteen staff handling hazardous waste and a four-hour annual training session at $10/hr. per employee amounts to an economic benefit of $640.00. 4. Recalculation of Penalty based on New Information – NA TOTAL: $3,500.00
NARATIVE EXPLANATION TO SUPPORT PENALTY AMOUNT FOR PROPOSED STIPULATION AND CONSENT ORDER NOV # 2209111 Violation numbers 13 & 14 Violation Description: Failure to provide emergency response procedures in accordance with
Utah Admin. Code R315-262-16(b)(9)(iv). 1. Gravity Based Penalty: $2,600.00
(a) Potential for Harm – Moderate Aspen Press Co. failed to provide its employees with the proper emergency response procedures, which could lead to harm to human health and the environment when an
emergency occurs. (b) Extent of Deviation – Moderate Aspen Press Co. failed to provide training records to inspectors during the inspection. (c) Multiple/Multi-day – NA 2. Adjustment Factors (if applicable) – NA (a) Good faith – NA (b) Willfulness/Negligence – NA (c) History of Compliance or Noncompliance – NA (d) Ability to pay – NA (e) Other Unique Factors – NA 3. Economic Benefit – The economic benefit was evaluated and determined to be negligible. 4. Recalculation of Penalty based on New Information – NA TOTAL: $2,600.00
NARATIVE EXPLANATION TO SUPPORT PENALTY AMOUNT FOR PROPOSED STIPULATION AND CONSENT ORDER NOV # 2209111 Violation numbers 15, 16, and 18 Violation Description: Failure to prepare a hazardous waste manifest and offering the waste for
transport to unknown destination. Failure to maintain signed copies of manifests for at least three years. 1. Gravity Based Penalty: $100.00 (a) Potential for Harm – Minor Managing hazardous waste from “cradle-to-grave” is a foundational part of the hazardous
waste program. Ensuring there is a record of the waste being relinquished from the Aspen Press Co. to the transporter and ultimately to the hazardous waste disposal facility is critical to the program The proper management prevents loss and improper disposal of waste, which threatens human health and the environment. (b) Extent of Deviation – Minor Aspen Press Co. did not have all shipping documents for the previous three years available during the inspection; however, they were submitted to the Director following the inspection. (c) Multiple/Multi-day – NA 2. Adjustment Factors (if applicable) – NA (a) Good faith – NA (b) Willfulness/Negligence – NA (c) History of Compliance or Noncompliance – NA (d) Ability to pay – NA (e) Other Unique Factors – NA 3. Economic Benefit – No economic benefit occurred. 4. Recalculation of Penalty based on New Information – NA TOTAL: $100.00
NARATIVE EXPLANATION TO SUPPORT PENALTY AMOUNT FOR PROPOSED STIPULATION AND CONSENT ORDER NOV # 2209111 Violation number 17 Violation Description: Failure to have evidence of contractual agreement in place for their
solvent recycler in accordance with Utah Admin. Code R315-262-20 through 27. 1. Gravity Based Penalty: $50.00 (a) Potential for Harm – Minor A contractual agreement should provide evidence that the receiving facility meets the requirement of legitimate recycling for proper management of the waste. During the
inspection, Aspen Press Co. could not provide the contracts for the inspector to document
correct management of the waste. However, the document was provided to the Director after the inspection. (b) Extent of Deviation – Minor Aspen Press Co. failed to provide the contractual agreement to inspectors during the inspection; however, the document was provided to the Director following the inspection. (c) Multiple/Multi-day – NA 2. Adjustment Factors (if applicable) – NA (a) Good faith – NA (b) Willfulness/Negligence – NA (c) History of Compliance or Noncompliance – NA (d) Ability to pay – NA (e) Other Unique Factors – NA 3. Economic Benefit – The economic benefit was evaluated and determined to be negligible. 4. Recalculation of Penalty based on New Information – NA TOTAL: $50.00
NARATIVE EXPLANATION TO SUPPORT PENALTY AMOUNT FOR PROPOSED STIPULATION AND CONSENT ORDER NOV # 2209111 Violation numbers 19, 20, 21, and 22 Violation Description: Failure to maintain copies of (1) quantities and disposition records for
determination of Biennial Report requirements, (2) exception reports, (3) spill response reports, and (4) land disposal restriction forms. 1. Gravity Based Penalty: $260.00 (a) Potential for Harm – Minor Aspen Press Co.’s failure to maintain copies of these records causes a minor potential for
harm because maintaining required records for verification of compliance is foundational to the hazardous waste program. (d) Extent of Deviation – Moderate Aspen Press Co. provided disposition and LDR records to the Director following the inspection. (c) Multiple/Multi-day – NA 2. Adjustment Factors (if applicable) – NA (a) Good faith – NA (b) Willfulness/Negligence – NA (c) History of Compliance or Noncompliance – NA (d) Ability to pay – NA (e) Other Unique Factors – NA 3. Economic Benefit – The economic benefit was evaluated and determined to be negligible. 4. Recalculation of Penalty based on New Information – NA TOTAL: $260.00