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Thursday, July 11, 2013

Excerpts from DEEP notices / PDF of letter of violation

Via this link you can review the entire “Notice of Violation for solid waste violations in the Town of Wallingford.”

Below are the “Excerpts from DEEP notices” as published in the Record Journal on Sunday July 7, 2013

WALLINGFORD — The town has been cited for nine violations of environmental laws and regulations for its handling of waste at two town-owned properties — 91 N. Turnpike Road and 157 John St. The following are excerpts from the DEEP’s June 13 Notice of Violation addressed to Mayor William W. Dickinson Jr.:

The purpose of this Notice is to inform you that personnel of the Department of Energy and Environmental Protection (“DEEP”) have made observations or otherwise obtained information indicating that a violation of law has occurred at property located at 91 North Turnpike Road and 157 John Street in Wallingford, Connecticut. On May 15, 2013, an inspection was conducted by DEEP, Bureau of Materials Management and Compliance Assurance... Based upon that inspection, it appears that the town has:

1. Built, established, altered and/or operated a solid waste facility where more than ten cubic yards of solid waste including, but not limited to catch basin cleanings and oily wastewater, were disposed of after July 1, 1971, without a plan, design and method of operation of such solid waste facility having been filed with the Department and approved by the Commissioner by the issuance of a permit to construct and operate a solid waste facility...

2. Violated the Approval of Registration under the General Permit to Construct and Operate Certain Recycling Facilities to Operate a Drop-Site Recycling Facility Permit Registration ... at 157 John Street in Wallingford.

3. Violated the Drop-Site Recycling Facility Permit Registration ... at 157 John Street ... for failure to provide a berm so as to prevent run-on and failure to provide a spill containment system capable of containing 100% by volume of the contents of the 275 gallon existing used oil tank.

4. Violated the Drop-Site Recycling Facility Permit Registration ... at 157 John Street ... for failure to ensure that no person other than an employee of the facility, or person under the supervision of such an employee, may pour used oil into a collection container or tank at the facility.

5. Violated the Drop-Site Recycling Facility Permit Registration at 157 John Street ... for failure to provide an adequate temporary storage area for residents to drop off containers of used oil. This temporary storage area shall be adjacent to the used oil tank and shall, at a minimum, have a sufficiently impervious surface, have three walls and a roof, and provide for secondary containment.

6. Violated the Drop-Site Recycling Facility Permit Registration at 157 John Street ... for failure to store no more than sixty (60) scrap metal appliances containing CFCs on-site. Specifically, approximately seventy (70) individual units were observed on-site at the time of the inspection.

7. Failed to manage used oil as required by Section 22a-449(c)119(a)(2)(N) and (O) of the RCSA,incorporating Title 40 of the Code of Federal Regulations (“40 CFR”) 279.22(d), with specified changes.

8. Failed to ensure that used oil generated by the Town of Wallingford was transported only by transporters who had obtained EPA identification numbers as required...

9. Failed to have a permit to operate a used oil collection center as required... Specifically, there are certain regulatory requirements that must be met prior to aggregating the used oil from the used oil storage area’s secondary containment to an aggregation point.

ADDITIONAL COMMENTS: Under the Department’s “Guideline for Municipal Management Practices for Street Sweepings and Catch Basin Cleaning” ..., street sweepings are allowed to be stored at a designated temporary storage location for less than one year. The Town of Wallingford stated that the existing street sweepings stockpile at 91 North Turnpike Road accumulated over three years. The Town of Wallingford is required to either reuse in accordance with the Department’s guideline or send off-site for disposal at a permitted facility all street sweepings from this site. The Town of Wallingford is advised that the violations cited above can reasonably be expected to create a source of pollution to the waters of the State, by a release of used oil and other solid waste to the ground. Such a condition would be in Violation of CGS Section 22a-427, and would require action by the Town to remedy this condition.

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