DSHW-2024-008554

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

NOV # 2207080 Violation Number 1

Violation Description: Utah Admin. Code R315-262-22(a):
Clean Harbors Environmental Services (CHES) failed to keep a copy of manifest #014123271FLE
signed by the generator and failed to keep copies of manifests 014123347FLE and 014123348FLE
signed by the designated facility or new manifests for rejected loads.
1. Gravity Based Penalty: $3,380.00
(a) Potential for Harm – Moderate
CHES failed to follow the required procedures for maintaining records of manifested
hazardous waste by failing to record the transfer of hazardous waste from one tanker
truck to four intermediate bulk containers (IBCs) on manifest number 014123349FLE.
CHES instead created manifest number 014123271FLE that was not signed by the
generator or the transporter despite having completed the transfer of the hazardous waste
18 days earlier. Cradle to grave management is a foundational part of the RCRA
hazardous waste program. If not for the Division of Waste Management and Radiation
Control’s (Division) intervention, the chain of accountability (cradle to grave) for this
hazardous waste shipment would have been untraceable.
Failure to maintain proper manifest records of rejected loads undermines the regulatory
purpose of the manifest rules and has the potential to lead to lost and mismanaged
hazardous waste shipments or hazardous waste being transported without the proper
shipping papers or both.
(b) Extent of Deviation – Moderate
CHES failed to follow the manifest requirements for rejected loads for the hazardous
wastes on manifest numbers 014123347FLE, 014123348FLE, and 014123349FLE.
Manifest numbers 014123347FLE and 014123348FLE, to date, have not been terminated
in accordance with the Rules. Manifest numbers 014123347FLE, 014123348FLE, and
014123349FLE do not reflect the hazardous waste movement and transfers, constituting
substantial non-compliance with the Rules.
After notification of the compliance issue by the inspector, CHES finally amended the
original manifest (number 014123349FLE) that had been signed by the generator to show
the transfer of 1,600 gallons of hazardous waste from a tanker truck to 1,000 gallons of
hazardous waste in four IBCs. The significant 600-gallon discrepancy was not noted nor
explained on the manifest.
(c) Multiple Events – There were three (3) separate manifests that were not retained in
accordance with the Rules. 3 events x $3,380 = $10,140.00
(d) Multi-day – N/A

2. Adjustment Factors (if applicable)
(a) Good faith – N/A
(b) Willfulness/Negligence – 25% increase (+ $2,535.00 for three events or $845 per event)
CHES made no attempt to correct the manifest issues even after the inspector brought the
issues to the attention of the operations supervisor and the site manager. CHES finally
corrected the manifest issues after repeated correspondence via phone calls and emails
from the inspector.
(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: $12,675.00
NARRATIVE EXPLANATION TO SUPPORT PENALTY AMOUNT FOR PROPOSED STIPULATION AND CONSENT ORDER

NOV # 2207080 Violation Number 2

Violation Description: Utah Admin. Code R315-270-1(c)(2)(vi):
CHES stored 25 IBCs of hazardous waste for more than 10 days without first submitting and
receiving approval from the Director for a hazardous waste storage permit.
1. Gravity Based Penalty: $4,940.00
(a) Potential for Harm – Moderate
CHES stored three loads of intermediate bulk containers (IBCs) of hazardous waste,
totaling 25 IBCs, in a warehouse facility for 25, 27, and 29 days without a hazardous
waste storage permit. The warehouse facility was not designed or operated for the
storage of hazardous waste, and local responders were not aware that hazardous waste
was managed at the facility. Storing hazardous waste in such conditions poses a moderate
risk of hazardous waste exposure to employees, responders, and the environment.
The Division was not notified of hazardous waste activities at the site and thus was
unable to provide the mandated regulatory oversight.
(b) Extent of Deviation – Major
By storing 6,140 gallons of hazardous waste in 25 IBCs for nearly a month (25, 27, and
29 days) at a facility only authorized to be used to store hazardous waste for up to
10 days while the hazardous waste is in transit is a significant deviation from the Rules.
(c) Multiple/Multi-day – 29 days – 10 day allowance =19 days. (19-1) x $680=$12,240.00
2. Adjustment Factors (if applicable)
(a) Good faith - NA
(b) Willfulness/Negligence – 25% increase (+ $4,295.00)
Clean Harbors Environmental Services (CHES) did not discover or report these issues on
their own. After storing the 6,140 gallons of hazardous waste in 25 IBCs at an
unpermitted storage facility, Clean Harbors transported the waste to Clean Harbors Clive,
where it was not accepted at the permitted storage facility, instead remaining “in transit”
from April 19, 2022 to May 23, 2022 (manifest number 014123348FLE); April 21, 2022
to June 1, 2022 (manifest number 014123347FLE); and April 21, 2022 to July 11, 2022
(manifest number 014123349FLE), in further violation of the Rules.

(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 as the cost associated with
delayed transportation and the cost to obtain a hazardous waste storage permit. Due to
the complexity of accurately determining these costs, the economic benefit is not
included in this calculation.
4. Recalculation of Penalty based on New Information – N/A

TOTAL: $21,475.00
NARRATIVE EXPLANATION TO SUPPORT PENALTY AMOUNT FOR PROPOSED STIPULATION AND CONSENT ORDER

NOV # 2207080 Violation Number 3

Violation Description:
CHES misrepresented information on 23 manifests from June 21, 2021, to April 28, 2022.
The Director is not pursuing penalties for this violation.
1. Gravity Based Penalty: $0.00
(a) Potential for Harm – NA
(b) Extent of Deviation – NA
(c) Multiple/Multi-day – NA
2. Adjustment Factors (if applicable)
(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 – N/A

TOTAL: 0.00
NARATIVE EXPLANATION TO SUPPORT
PENALTY AMOUNT FOR PROPOSED STIPULATION AND CONSENT ORDER

NOV # 2207080 Violation Number 4

Violation Description: Utah Admin. Code R315-15-9:
CHES failed to clean up small releases and properly manage the residues. The Director is not
pursuing penalties for this violation.
1. Gravity Based Penalty: $0.00
(a) Potential for Harm – NA
(b) Extent of Deviation – NA
(c) Multiple/Multi-day – N/A
2. Adjustment Factors (if applicable)
(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 – CHES addressed this issue immediately.
3. Economic Benefit – N/A.
4. Recalculation of Penalty based on New Information – N/A

TOTAL: $0.00
NARRATIVE EXPLANATION TO SUPPORT
PENALTY AMOUNT FOR PROPOSED STIPULATION AND CONSENT ORDER

NOV # 2207080 Violation Number 5

Violation Description: Utah Admin. Code R315-15-2.3:
CHES failed to label and keep closed a bucket of used oil near the eastern edge of the facility.
The Director is not pursuing penalties for this violation.
1. Gravity Based Penalty: $0.00
(a) Potential for Harm – NA
(b) Extent of Deviation – NA
(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 – CHES addressed this issue immediately.
3. Economic Benefit – N/A
4. Recalculation of Penalty based on New Information – N/A

TOTAL: $0.00