The URL can be used to link to this page

Home My WebLink AboutDSHW-2024-008555CONFIDENTIAL – SETTLEMENT NEGOTIATIONS Page 1 of 5 ---oo0oo--- In the Matter of: : : STIPULATION AND CONSENT ORDER Clean Harbors Environmental Services Notice of Violation and Compliance Order No. 2207080 MAD039322250 : : No. 2307071 ---oo0oo--- This STIPULATION AND CONSENT ORDER (CONSENT ORDER) is issued by the DIRECTOR OF THE UTAH DIVISION OF WASTE MANAGEMENT AND RADIATION CONTROL pursuant to the Utah Solid and Hazardous Waste Act (the Act), Utah Code § 19-6-101, et seq. and Utah Administrative Code (Utah Admin. Code) R315 (the Rules) and Used Oil Management Act § 19-6-701, et seq and Used Oil Rules (R315-15). 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 Clean Harbors Environmental Services “49UT yard” (49UT yard) owned and operated by Clean Harbors Environmental Services, Inc. (CHES). CHES consents to and will not challenge issuance of this CONSENT ORDER or the Director’s jurisdiction to enter into and enforce this ORDER. CHES and the Director are the parties to this agreement. The Waste Management and Radiation Control Board has authority to review and approve or disapprove this CONSENT ORDER pursuant to Utah Code § 19-6-104(1)(e). FINDINGS 1. CHES is incorporated in the state of Massachusetts and registered to conduct business in the State of Utah. CHES is the owner and operator of the 49UT yard located at 3589 West 500 South, Salt Lake City, Utah. 2. CT Corporation System, 1108 East South Union Avenue, Midvale, Utah, 84047 is the Registered Agent for CHES. 3. The CHES facility is a warehouse, equipment storage yard, and hazardous waste 10-day transfer facility located in Salt Lake County, Utah. CHES operates the 49UT yard facility under the provisions of the hazardous waste rules. 4. CHES is a “person” as defined in Utah Code § 19-1-103(4) and is subject to all applicable provisions of the Rules, the Act, and the Used Oil Management Act. 5. CHES notified as a transporter of hazardous waste on November 5, 2019. CONFIDENTIAL – SETTLEMENT NEGOTIATIONS Page 2 of 5 6. CHES transports listed and characteristic hazardous waste as defined by Utah Admin. Code R315-261. 7. On April 12, 2022, and April 27, 2022, authorized representatives of the Director (Inspectors) conducted hazardous waste and used oil inspections at the 49UT yard facility. Inspections were conducted to determine if CHES stored hazardous waste in excess of ten days at the facility. The inspectors also investigated if trailers or tankers were washed out into an unlined onsite storm water pond. a. Inspectors reviewed 23 hazardous waste manifests from June 2021 through April 2022 demonstrating CHES was, at least, a small quantity generator (SQG) of hazardous waste. 8. On September 28, 2022, the Director issued Notice of Violation and Compliance Order No. 2207080 (NOV/CO) which alleged violations of the Act, the Used Oil Management Act, and the Rules. 9. On October 27, 2022, CHES submitted a written response to the NOV/CO (DSHW-2022-025743). 10. In accordance with the Civil Penalty Policy, Utah Admin. Code R315-102 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 No. 2207080. STIPULATION AND CONSENT ORDER 1. This CONSENT ORDER has been negotiated in good faith and the parties now wish to fully resolve Notice of Violation and Compliance Order No. 2207080 without further administrative or judicial proceedings. 2. In full settlement of the violations alleged in NOV/CO No. 2207080, CHES shall pay a penalty of $34,150.00. Payment shall be made within thirty days of the effective date of this CONSENT ORDER. Payment shall be made to the State of Utah, Department of Environmental Quality, c/o Director, Division of Waste Management and Radiation Control, P.O. Box 144880, Salt Lake City, Utah 84114-4880. 3. The Director hereby Orders CHES: a. Upon the effective date of this CONSENT ORDER, CHES shall document training of all persons who work at or oversee the operations of the 49UT yard and whose actions or failure to act may result in noncompliance with the regulations in Utah Admin. Codes R315, including R315-263, R315-15, and Department of Transportation. For example, individuals that are required to be trained may include account managers. The training shall at a minimum consist of the following: the definition of hazardous waste generator, where the point of generation of a hazardous waste is initiated, hazardous waste profiling, manifest requirements, requirements for rejected waste shipments, and transfer facility storage and management regulatory requirements. b. Upon the effective date of this CONSENT ORDER, CHES shall maintain records of all hazardous waste that is stored and managed at the 49UT yard while in the normal course of transportation. These records shall be available for review the same day upon request in a CONFIDENTIAL – SETTLEMENT NEGOTIATIONS Page 3 of 5 format that allows the Utah Department of Environmental Quality to readily identify the manifests associated with hazardous waste managed through the 49UT yard. Managed is defined as: brought onsite, transferred from tanker to tanker, transferred from tankers to containers, transferred from one container to another container, bulked, or repackaged. c. In the event CHES decides to recommence washouts at 49UT yard, CHES shall submit washout procedures in compliance with the Rules to the Director for approval. The procedures shall be instituted upon Director approval. No washout operations are allowed at the 49UT yard until the Director has approved the procedures. CONFIDENTIAL – SETTLEMENT NEGOTIATIONS Page 4 of 5 EFFECT OF CONSENT ORDER 4. 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 CHES and any of CHES’ successors, assigns, or other entities or persons otherwise bound by law. 5. 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 determining the basis of this CONSENT ORDER. Nothing contained herein shall be deemed to constitute a waiver by the State of Utah of its right to initiate enforcement action, including civil penalties, against CHES in the event of future non-compliance with this CONSENT ORDER, with the Act, and with the Rules; nor shall the State of Utah be precluded in any way from taking appropriate action should such a situation arise again at the 49UT yard. However, entry into this CONSENT ORDER shall relieve CHES of all liability for violations which did arise or could have arisen with respect to the allegations contained in NOV/CO No. 2207080. EFFECTIVE DATE 6. This CONSENT ORDER shall become effective upon the date of execution by the Director. PUBLIC PARTICIPATION 7. 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 Admin. Code R315-124-34. The Director reserves the right to withdraw or withhold his consent if any comment received during the Comment Period disclose facts or consideration indicating the CONSENT ORDER is inappropriate, improper, or inadequate. CONFIDENTIAL – SETTLEMENT NEGOTIATIONS Page 5 of 5 SIGNATORY 8. The undersigned representative of CHES certifies that the representative is authorized to enter into this CONSENT ORDER and to execute and legally bind CHES. Pursuant to the Utah Solid and Hazardous Waste Act, Utah Code § 19-6-101, et seq., in the Matter of Clean Harbors Environmental Services Notice of Violation and Compliance Order No. 2207080, the parties hereto mutually agree and consent to STIPULATION AND CONSENT ORDER 2307071 as evidenced below: CLEAN HARBORS ENVIRONMENTAL SERVICES __________________________ Rebecca Underwood, President & EVP Date:______________________ THE STATE OF UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WASTE MANAGEMENT AND RADIATION CONTROL __________________________ Douglas J. Hansen, Director Date:______________________