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Home My WebLink About2005 Notice of Violation Hazardous Waste - Spectro Alloys COUNTY° °gf34. Environmental Management November 17, 2005 Barry C.Schade Director Dakota County Terry Robinson NOTICE OF VIOLATION Western Service Center 14955 Galaxie Avenue Spectro Alloys Corporation CERTIFIED MAIL Apple Valley.MN 55124 13220 Doyle Path Return Receipt Requested 952.891.7557 Rosemount, MN 55068 Fax 952.891.7588 www.co.dakota.mn.us Dear Mr. Robinson: Attached is a Notice of Violation (NOV) concerning hazardous waste violations found during an October 18, 2005 inspection of Spectro Alloys, 13220 Doyle Path, Rosemount, MN . All violations must be corrected within the time periods specified in this NOV. A reinspection of the site will be performed after 35 days of receipt of this NOV. Failure to complete the corrective action for each violation may result in further enforcement action by the Department. Please direct all correspondence and questions regarding this matter to Laura Villa at (952) 891-7548 Sincerely, Barry '. Schade Dire tor c/encl:Chad Donnelly, City of Rosemount Joe Henderson, MPCA O:\EMGMflEnforcement\.Enforcement\Cornpleted Letters\NOV cover letter forSpectro.dot Printed on recycled paper with 30%post-consumer waste. AN EQUAL OPPORTUNITY EMPLOYER COUNTY OF DAKOTA ENVIRONMENTAL MANAGEMENT DEPARTMENT 14955 Galaxie Avenue West Apple Valley, MN 55124 IN THE MATTER OF: Terry Robinson NOTICE OF VIOLATION Spectro Alloys Corporation ORDINANCE No. 111 13220 Doyle Path Hazardous Waste Regulation Rosemount, MN 55068 RE: Property located at: 13220 Doyle Path Rosemount, MN 55068 PIN: 34-72150-010-01 Date: November 17, 2005 AUTHORITY This Notice of Violation (NOV) is being issued by the Dakota County Environmental Management Department to Spectro Alloys under the authority contained in Minnesota Statutes Chapters 145A and 473. FINDINGS OF FACT 1. The Dakota County Environmental Management Department (Department) is an administrative and regulatory agency of the Dakota County Board of Commissioners. The Department has the authority and duty to administer and enforce Dakota County Environmental Ordinances, which includes Dakota County Ordinance No. 111, Hazardous Waste Regulation (Ordinance 111), and the Minnesota Rules (Minn. R.) Chapter 7045, that have been incorporated into Ordinance 111 by reference. 2. Spectro Alloys (Respondent) is located at 13220 Doyle Path, City of Rosemount, County of Dakota, State of Minnesota (Property). The Property has the following Property Identification Number: 34-72150-010-01. 3. The Respondent is considered a Large Quantity Generator as defined under Minn. R. 7045.0206, subp. 4. The Respondent has an EPA Identification Number MND064762784 and Dakota County Generator No. 191. 4. On October 18, 2005, the inspector found the following at the Respondent's site: a. Eleven Super sacks of shredder dirt, and dryer dirt were stored outdoors near the main baghouse/cyclone. b. In bin 48, a 90-day hazardous waste storage area, there were numerous Super sacks of shredder dirt and dryer dirt that did not have enough space to allow for personnel or equipment to get between them. c. One 55-gallon drum of oil filters in the maintenance shop did not have a label on it. d. One 55-gallon drum of aerosol paint had an illegible label on it. e. Final (facility-signed) copies of two hazardous waste manifests, MI8506621 shipped 6-1-05 and MI8506618 shipped 6-7-05 were not received from the facility within 35 days of shipment, nor was an exception report filed. f. Records for shipments of waste electronics and batteries were not available during the inspection. VIOLATION(S) AND CONCLUSIONS Respondent's actions, as set forth in the Findings above, have resulted in the following violation(s) of Minnesota Rules (Minn. R.) that are incorporated by reference in Ordinance 111, Section 3.00: 1. Minn. R. 7045.0292 which requires hazardous waste containers be protected from unauthorized entry and inadvertent damage from vehicles and equipment, 7045.0626 which requires that hazardous waste containers be protected from moisture, and 7045.0566 which requires that facilities be operated to prevent a release to the air, land or water of hazardous waste or hazardous constituents. 2. Minn. R. 7045.0566 which requires that aisle space be maintained in waste areas to allow for unobstructed movement of personnel, spill equipment, decontamination equipment, or fire protection equipment. 3. Minn. R. 7045.0990 which requires that oil filter containers be labeled with the words "Used Oil Filters". 4. Minn. R. 7045.0292 which requires that all hazardous waste containers be labeled with the words "Hazardous Waste", an accumulation start date, and a descriptive name. 5. Minn. R. 7045.0298 which requires that a signed copy of manifests be received from the facility within 35 days of shipment. 6. Section 3.05 H (8) of Dakota County Ordinance No. 111, Hazardous Waste Regulation which requires that shipments of Special Hazardous Waste be accompanied by a shipping paper and 3.05 i which requires record to be kept onsite. REQUIREMENTS FOR CORRECTIVE ACTION AND MANDATORY TIME SCHEDULE The Department has determined that the following corrective actions are reasonable and must be accomplished by Respondent within the timeframe indicated to correct the violation(s) identified in this Notice of Violation. Failure of Respondent to complete these corrective actions within the timeframes listed below may result in further enforcement action by the Department. 1. Immediately move all containers of hazardous waste to a location where they are protected from moisture, vehicle or equipment damage, or unauthorized entry. • 2. Within 20 days, must have an independent contractor sample the stormwater retention pond on the northwest side of the site and the ravine on the north side of the site to determine if hazardous constituents have been carried into the basin or into the woods behind the site. Laura Villa of the Department must be notified of the date(s) the sampling will take place. This notification must take place at least two days before the sampling occurs. . The sediment in the pond and the soil just below where the topography slopes toward the ravine should be sampled for total metals and PCBs. At least three samples must be taken in the pond and three (3) from the ravine. Sampling points should include one at or near each inlet(s) and outlet(s) to the pond, and where runoff from the back of the property drains into the ravine. Please submit the sampling plan to the Department within 10 days of receipt of this Notice. Results of the sampling must be submitted to the Department within 35 days. 3. Immediately provide enough space between containers of hazardous waste so that personnel and equipment can gain access to them in the event of an emergency. 4. Immediately label the drum of used oil filters with the words 'Used Oil Filters". 5. Immediately label the drum of aerosol paint waste with the words "Hazardous Waste", and accumulation start date, and a descriptive name (e.g. waste paint). 6. Immediately call the disposal facility to obtain copies of the above listed hazardous waste manifests. If you are unable to obtain copies from the facility, you must file an exception report as described in 7045.0298. Send copies of these manifests to the Department within 15 days. 7. Within ten days, please submit copies to the Department of all shipping papers for shipments of waste electronics and batteries during the past 3 years. NOTICE OF ADDITIONAL ENFORCEMENT ACTIONS Failure of the Respondent to complete the corrective actions set out above may result in further enforcement action by the Department. Additional enforcement action may include, but are not limited to, one or more of the following: 1. Issuance of a misdemeanor citation to you (Respondent), pursuant to Ordinance 111, Section 8.03. 2. Commencement of an appropriate civil action against you (Respondent), including, but not limited to, an action for injunctive relief or other civil action, including recovery of costs related to such civil action, pursuant to Section 6.02 of Ordinance 111. 3. Recover costs incurred by the Department for corrective action through a civil action or special tax against the property, pursuant to Section 6.03 of Ordinance 111. Additional enforcement actions by the Department can be avoided if Respondent complies with the Requirements for Corrective Action within the time schedule specified above or otherwise agreed to by the Department in writing. This matter may be resolved if the Department and Respondent enter into a formal negotiated settlement. If Respondent desires a meeting with the Department to discuss this Notice of Violation, the Requirements for Corrective Action and/or a negotiated settlement, Respondent should contact Laura Villa, Environmental Management Department, at (952) 891-7548 within five (5) working days of receipt of the Notice. DAKOTA COUNTY ENVIRONMENTAL MANAGEMENT DEPARTMENT Dated: /1 /7'O,) ► G _ BARRY C. SCH A •E DIRECTOR 14955 G A AXIE AVE WEST APPLE VALLEY, MN 55124 O:\Waste Regulation\Enforcement\TemO:\EMGMT\Enforcement\Enforcement\Completed Letters\Spectro NOV 11-05.dot