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Huntington Alloys Admitted in WV DEP Settlement to Shipping Hazardous Waste without Notification of Contents
In their agreement to pay a $60,850 penalty, the company specifically “does not admit to any factual or legal determination made by the Director arising out of the occurrences alleged in the September 7, 2011 Notice of Violation”. The company reserved “all rights and defenses available regarding liability or responsibility in any proceedings OTHER THAN proceedings to enforce the Settlement Agreement.”
The agreement called for “remediation [of] contamination associated with multiple solid waste management units located throughout the facility”. The strict remedial program would be administered by the WVDEP Division of Land Restoration and requires quarterly progress reports. At least one violation involves electroplating (F006, see below)
Huntington Alloys admitted (among others) to these facts:
The facility disposed of hazardous waste on site without a permit by failing to immediately clean up spills around the acid reclamation system.
The facility failed to inspect the entire Spent Acid Storage Tank and its secondary containment.
The facility failed to clean up and manage properly the release of used oil and other materials.
The facility failed to perform a complete waste analysis on both its wastewater treatment sludges.
The facility shipped hazardous waste to an offsite treatment operation without a hazardous waste manifest.
The facility shipped hazardous waste (F006) to a treatment facility without providing a one time notification to the treatment facility that the waste does not meet the treatment standards under 40 CFR 268
The violations reference federal codes of regulations rooted in the Resource Conservation and Recovery Act. For purposes of that act, it defines hazardous waste as follows:
Statutory Definition of Hazardous Waste The statutory definition of hazardous waste is defined in Section 1004(5) of RCRA as follows: 'A solid waste, or combination of solid waste, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may -- 1) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or 2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed." Waste Groupings
It may be helpful to consider that the F list wastes are divided into seven subgroups, generally depending on the type of manufacturing or industrial operation that creates them. The seven general subgroups of F-listed wastes are:
•spent solvent wastes (F001 - F005) •wastes from electroplating and other metal finishing operations (F006 - F012, and F019) The following chart shows the U.S. Environmental Protection Agency (EPA) hazardous waste number for several listed wastes pertinent to plating operations:EPA Hazardous Waste Number Hazardous Waste Basis for Listing F005 Certain spent non-halogenated solvents gnitability and Toxicity F006 Waste water treatment sludge rom electroplating operations Toxicity
A PDF download of the agreement is available by clicking the Attachment below.
- 2012 Settlement Agreement (649.9 KB)