State of Vermont
AGENCY OF NATURAL RESOURCES
Department of Environmental Conservation
Waste Management Division
103 South Main Street/West Office Building
Waterbury, Vermont 05671-0404
(802) 241-3888
FAX: (802) 241-3296
Date: May 16, 2000
Mr. David Sargent, Plant Manager
Omya, Inc., Verpol Plant
PO Box 10
Florence, Vermont 05744
CERTIFIED MAIL
P 369 756 044
SUBJECT: Notice of Alleged Violation
Generator File No G-11-16-010
Dear Mr. Sargent:
The purpose of this letter is to notify you that the Agency of Natural Resources believes that Omya, Inc.—EPA ID No VTD 037 368 321— is in violation of the Vermont Hazardous Waste Management Regulations (VHWMR), as described below:
o Section 7-708(a): Every person subject to these regulations who generates hazardous waste and is not a conditionally exempt generator or small quantity generator shall submit a biennial report, on USEPA Form 8700-13A provided by the Secretary. The report shall be submitted on or before March 1 of each even numbered year and shall describe all hazardous waste activity in the previous calendar year. The report shall accurately describe the composition, quantity, and destination of each hazardous waste stream generated and shall include a compilation of the data contained in all manifests prepared in such year.
ALLEGED VIOLATION: Our files indicate that your company shipped large quantity generator quantities of hazardous waste under manifest in 1999. This office sent your company an annual report package on or before February 17, 2000; the cover letter indicated that the report was due by April 1, 2000. As of May 10, 2000, the Waste Management Division had not yet received a Hazardous Waste Generator Annual Report for Omya's Verpol Plant for 1999.
o Section 7-104(c): NOTIFICATION REQUIREMENTS
(c) Persons subject to the requirements of this Section shall maintain an up-to-date Notification of Regulated Waste Activity form filed with the Secretary which accurately describes current waste activity and waste generation.
ALLEGED VIOLATION: Our files indicate that Omya, Inc., last notified this office that it was a small quantity generator of 220-2,200 pounds/month of hazardous waste (and that you were the hazardous waste contact person at that time); however, the rate of hazardous waste generation in calendar year 1999 indicates that your company's notification may not be accurate.
Omya, Inc., Verpol Plant (G-11-16-010)
Notice of Alleged Violation Page 2
In response to the alleged violations described above and pursuant to 10 V.S.A. Section 8008, the Agency may issue an Administrative Enforcement Order which, among other things, would: assess penalties, require correction and/or remediation of the alleged violation(s) and require other measures as deemed appropriate. Your correction of the alleged violation(s) may lessen the possibility or severity of any enforcement action which may be taken by the Agency.
Requested Action(s): Please submit your facility's 1999 annual report - and, if applicable, an up-to-date notification form - to this office within thirty five (35) days from the signing of this letter. A copy of the notification form, with attachments, may be found at the Vermont Waste Management Division's web site (at http://www.anr.state.vt.us/dec/wmd.htm). If your company routinely generates less than 2,200 pounds/month of hazardous waste, as your last notification indicated, please submit information verifying this and indicating why your manifested shipments in 1999 suggested large quantity generator status of greater than 2,200 pounds/month.
If you have any questions concerning this Notice of Alleged Violation, or would like assistance in completing the notification form, please contact Sherri Kasten of this of office by electronic mail at sherrik@dec.anr.state.vt.us or by telephone at 241-3867. If you require another copy of the annual report package or would like assistance in completing the report, you may contact Maria Stadlmayer at 241-3881.
Sincerely,
P. Howard Flanders
Director, Waste Management Division
cc: RCRIS file
Wendy Anderson—file copy