Document YGzp7g80k3wKYvMeVbXzkjeZV

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6 DALLAS, TEXAS FIL ED 2DIBFE8 -7 P.: ~/0 : ~a Rc: GI0 IE'! I ' l I ; :::.:~ . (;. :G i' L C 1) :: P .; P..:GlOil '{1- -"" IN THE MATTER OF: TRACTOR SUPPLY COMPANY WACO, TEXAS RESPONDENT CONSENT AGREEMENT AND FINAL ORDER Docket No. RCRA-06-2018-0913 CONSENT AGREEMENT I. PRELIMINARY STATEMENT 1. This Consent Agreement and Final Order (CAFO) is entered into by the United States Environmental Protection Agency, Region 6 ("EPA or Complainantn) and Respondent, Tractor Supply Company Distribution Center 398 ("Respondent") and concerns the facility located at 2801 Corporation Parkway, Waco, Texas 76712 (Distribution Warehouse). 2. Notice ofthis action has been given to the State ofTexas, under Section 3008(a)(2) of the Resource-Conservation and Recove1y Act ("RCRA"), 42 U.S.C. 6928(a)(2). 3. For the purpose of this CAPO, Respondent admits the jurisdictional allegations herein; however, Respondent neither admits nor denies the specific factual allegations and conclusions of law contained in this CAPO. This CAPO states a claim upon which reliefmay be granted. 4. The Respondent waives any right to contest the allegations and its right to appeal the proposed final order contained in this CAFO, and waives all defenses which have been raised or could have been raised to the claims in the CAFO. 5. The CAFO resolves only those violations which are alleged herein. Tractor Supply Company Docket No. RCRA"06"2018"0913 6. Respondent consents to the following: issuance of the CAFO hereinafter recited; and the assessment and payment of the stated civil penalty in the amount and by the method set out in this CAFO. II.JURISDICTION 7. This CAFO is issued by EPA pursuant to Section 3008(a) of RCRA, 42 U.S.C. 6928, as amended by the Hazardous and. Solid Waste Aniendments of 1984 and is simultaneously commenced and concluded tlnough the issuance of this CAFO under 40 C.F.R. 22.13(b) and 22.18(b)(2) and (3). 8. Respondent agrees to undertake and complete all actions required by the terms and conditions of this CAFO. In any action by EPA or the United States to enforce the terms of this CAFO, Respondent agrees not to contest the authority or jurisdiction of EPA to issue or enforce this CAFO, and agrees not to contest the validity of this CAFO or its tenus or conditions. III. FINDINGS OF FACT AND CONCLUSIONS OF LAW 9. Respondent is a Company authorized to do business in the State of Texas. 10. Respondent is a "person" within the meaning of Section 1004( 15) ofRCRA, 42 U.S.C. 6903(15), and 30 TEX. ADMIN. CODE 3.2(25) [40 C.F.R. 260.10}. 11. Pursuant to 30 TEX.ADMIN. CODE 335.1(109) and (110) (40 C.F.R. 260.10), Respondent, at all times relevant to this CAFO, was an "owner" or "operator" of the DisiTibution Warehouse. 12. The Distribution Warehouse is a facility that acts as a warehouse for the other facilities. 13. During the period from December 2016 to September 2017, EPA conducted a RCRA record review of Respondent's activities as a generator of hazardous waste and its compliance with RCRA and the regulations promulgated thereunder. 2 Tractor Supply Company Docket No. RCRA-06-2018-0913 14. During the Investigation, EPA discovered 1l1at Respondent, at a minimum, generated and offered for transport and treatment, hazardous waste having the following hazardous waste codes: a. Characteristic ofignitability (DOO I), Corrosivity (D002); b. Charactmistic for toxicity: D005, D006, D007, D008, D035; and c. U002, UOSO, U154, U240, U244, U247, U248, and U279. 15. The Distribution Warehouse is a "facility" within the meaning of 30 TEX. ADMIN. CODE 335.1(60), [40 C.F.R. 260.10]. 16. The waste streams identified in Paragraph 14 are "hazmdous waste" as defined in 30 TEX. ADMIN. CODE 335.1(70), [40 C.F.R. 261.21, 261.22, 261.24, and 261.33]. 17. Respondent, at all times relevant to this CAFO, was a "generator" of hazardous waste at the Distribution Wmehouse, as the term is defined in 30 TEX. ADMIN. CODE 335.1(65) (40 C.P.R. 260.10). 18. From the Investigation, EPA determined iliat Respondent generated the hazardous waste streams identified in Pamgraph 14 in quantities that exceeded the tlueshold amount of 100 kilograms per month under 30 TEX. ADMIN. CODE Chapter 335, Subchapter C, [40 C.F.R. Pa1i 262], for the periods that such wastes remained onsite. 19. As a generator of hazardous waste, Respondent is subject to Sections 3002 and 3010 ofRCRA, 42 U.S.C. 6922 and 6930, and the regulations set forth in 30 TEX. ADMIN. CODE Chapter 335, Subchapter C, [40 C.P.R. Part 262]. Claim 1: Notification Requkements 20: Complainant hereby restates and incorporates by reference Paragraphs I through 19. 3 Tractor Supply Company Docket No. RCRA-06-2018-0913 21. Pursuant to Section 3010(a) ofRCRA, 42 U.S.C. 6930(a), any person generating a characteristic or listed hazardous waste shall file with EPA or the authorized state a notification stating the location and general description of such activity and the identified characteristic or listed hazardous waste handled by such person. 22. Pursuant to 30 TEX. ADMIN. CODE 335.63(a), [40 C.F.R. 262.12(a)], a generator must not treat, store, dispose of, transport, or offer for transportation, hazardous waste without having received an EPA identification number from the Administrator. 23. Respondent, during the relevant time period, generated hazardous waste in quantities that exceeded the threshold amount of a Conditionally Exempt Small Quantity Generator ("CESQG") of 100 kilograms per month. 24. Respondent's Distribution Warehouse during the relevant time period, did not have nor apply for an EPA identification number. 25. Respondent treated, stored, disposed of, and/or offered for transpmiation hazardous waste. 26. At the time of the investigation, Respondent had not filed with EPA m Texas an adequate and timely notification of its hazardous waste activities at the Distribution Warehouse. 27. Respondent's failure to provide notification to EPA or Texas of its hazardous waste activities was a violation of Section 3010(a) ofRCRA, 42 U.S.C. 6930(a). 28. EPA finds at all relevant times to the CAFO, the Distribution Warehouse treated, stored, disposed o: and/or offered for transpotiation hazardous waste without having received an EPA identification number from the Administrator in violation of 30 TEX. ADMIN. CODE 335.63(a), [40 C.F.R. 262.12(a)]. 4 Tractor Supply Company Docket No. RCRA-06-20 18-0913 29. On February 22, 2017, in response to Respondent's Noti1cation, TCEQ issued a Notice ofRegistration for the Distribution Warehouse. The Distribution Warehouse has been assigned EPA ID TXR000084084. IV. TERMS OF SETTLEMENT A. Penalty Provisions 30. Pursuant to the authority granted in Section 3008 of RCRA, 42 U.S.C. 6928, and upon consideration of the entire record herein, including the above referenced Findings of Fact and Conclusions of Law, which are hereby adopted and made a part hereof, upon the seriousness of the alleged violations, and Respondent's good faith efforts to comply with the applicable regulations, it is ordered that Respondent be assessed a civil penalty of$33,900.00 31. The penalty shall be paid within thirty (30) calendar days of the effective date of this CAPO and made payable to the Treasurer United States. 32. The following are Respondent's options for transmitting the penalties: Regular Mail, U.S. Postal Mail (including certified mail) or U.S. Postal Service Express Mail, the check should be remitted to: U.S. Envirmm1ental Protection Agency Fines and Penalties Cincinnati Finance Center P.O. Box 979077 St. Louis, MO 63197-9000 Overnight Mail (non-U.S. Postal Service), the check should be remitted to: U.S. Bank Government Lockbox 979077 U.S. EPA Fines and Penalties 1005 Convention Plaza SL-MO-C2-GL St. Louis, MO 63101 314-418-1028 5