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2750 Eagandale Blvd - 2002 Notice of Violation re Environmental WasteCOUNTY OF DAKOTA ENVIRONMENTAL MANAGEMENT DEPARTMENT 14955 Galaxie Avenue West Apple Valley, MN 55124 IN THE MATTER OF: Steve Underwood NOTICE OF VIOLATION Coca-Cola Bottling Midwest ORDINANCE No. 111 2750 Eagandale Blvd Hazardous Waste Regulation Eagan MN 55121 RE: Property located at: 2750 Eagandale Blvd. & 1189 Eagan Industrial Rd. Eagan, MN 55121 PIN:10-22500-143-07 Date: November 4, 2002 AUTHORITY This Notice of Violation (NOV) is being issued by the Dakota County Environmental Management Department to Coca-Cola Bottling Midwest under the authority contained in Minnesota Statutes Chapters 145A and 473. FINDINGS OF FACT 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. Coca-Cola Bottling Midwest (Respondent) is located at 2750 Eagandale Blvd. & 1189 Eagan Industrial Rd, City of Eagan, County of Dakota, 5tate of Minnesota (Property). The Property has the following Property identification Number: 10-22500-143-07. 3. The Respondent is considered a Small Quantity Generator as defined under Minn. R. 7045.0206, subp. 4. The Respondent has an EPA Identification Number MND006174320 and Dakota County Generator No.54 & 63. 4. On October 21, 2002, the inspector found the following at the Respondent's site: a. Containers of hazardous waste were not being inspected weekly. The container inspection logs that were found indicated that inspections were 6eing conducted approximately monthly and that deficiencies that were noted during the inspections were not corrected in a timely manner. b. Employees were not being trained on their hazardous waste responsi6ilities. The records that were found for employee training were for OSHA and for storm water related training. c. Hazardous waste was accumulated onsite for over 180 days. A 55-gallon drum of solvent in the EPC's maintenance shop had a start date of 12/31/01 and a 15-gallon container of thinner in the vending shop's paint room had a start date of 1/18/02. d. Many containers of hazardous waste were not properly labeled. Thirteen 5- galion containers of solvent at the video jets did not have the words "hazardous waste", an accumulation start date or a descriptive name. e. Lead-acid batteries were not stored on a curbed, impermeable surFace. Severai small lead-acid batteries were stored in a 15-gallon metal container in the maintenance shop and two vehicle batteries were stored ion the floor of the forklift repair shop. f. All broken fluorescent lamps were not'in containers. The fluorescent lamp storage area in both the EPC and Vending areas had broken lamps that were not containerized. g. The floor in, the forklift battery recharging area was badly pitted. The aggregate was exposed in several large areas. h. Used oil was spilled on the floor near the used oil tank in the vending maintenance area. i. Sulfuric acid spillage from the uncoupling of hoses is left in an open, plastic tray undemeath the acid tote until enough is accumulated to dispose, j. The plastic tray underneath the acid tote did not have the words "hazardous waste", an accumulation start date or a descriptive name. VIOLATION(S) AND CONCLUSIONS RespondenYs actions, as set forth in the Findings above, have resulted in the foilowing violation(s) of Minnesota Rules (Minn. R.) that are incorporated by reference in Ordinance 111, Section 3.00: 1. Minn. R. 7045.0626 Subp. 5. Use and Manactement of Cantainers- Inspections The Respondsnt failed to conduct a weekly inspection of all hazardous waste containers. 2. Minn. R. 7045.0292 subp. 5 H(3)_ Accumulation of Hazardous Waste - Small Quantitv Generators The Respondent failed to document relevant hazardous waste training for employees that have hazardous waste duties. 3. Minn. R. 7045.0292 subp. 5A. Accumulation of Hazardous Waste - 5mall Quantitu Generators The Respondent failed to ship all hazardous waste within 180 days of the accumulation start date. ` 4. Minn. R. 7045.0292 subp 5. Accumulation of Hazardous Waste - Small Quantitv Generators The Respondent failed to properiy label all containers of hazardous waste. 5. Minn. R. 7045.0685. Soent Lead-Acid Batteries Beina Reclaimed The Respondent failed to accumulate all spent lead-acid batteries on a curbed, impermeable surface. 6. Minn. R. 7045.0566 subp. 2. Preparedness and Prevention - Operation of Facilitv The Respondent failed to operate their facility to minimize the potential for hazardous waste or hazardous constituents to be released by having broken fluorescent lamps on the floor and in wooden boxes. 7. Minn. R. 7045.0566 subp. 2. Preaaredness and Prevention - Operation of Facilitv The Respondent failed to operate their facility to minimize the potential for hazardous waste or hazardous constituents to be released by providing a conduit via the badly pitted floor in the battery recharging area. 8. Minn. R. 7045:0855 subp. 2 C. Standards for Used Oii Generators - Storaqe The Respondent failed to store alI of their used oil in tanks or containers. 9. Minn. R. 7045.0626 subp. 4. Use and Manaaement of Containers The Respondent failed to keep the plastic tray of acid closed. 10. Minn. R. 7045.0292 subp. 5. Accumulation of Hazardous Waste - Small Quantitv Generators The Respondent failed to properly labei the plastic tray of acid. 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 thirty (30) calendar days of receipt of this Notice may result in further enforcement action by the Department.. - Immediately begin weekly inspections of all hazardous waste c`ontainers. Documentation of these inspections must be availabie onsite during future inspections by this Department. 2. Within thirty (30) days, ensure that ali employees that have hazardous waste duties are trained relevant to those duties. Documentation of training must inciude: The employees name, their job title (as it related to their HW duties), the date of the training, the subjects covered, and the name of the trainer. The records of all hazardous waste training must be kept onsite and be available for review during future inspections by this Department. 3. Within thirty (30) days, all hazardous waste that has been accumulated for more than 180 days must be shipped offsite to a facility that is permitted to accept hazardous waste. 4. Immediately labei all containers of hazardous waste with the words "hazardous waste", an accumulation start date or a descriptive name. 5. Immediately place all spent lead-acid batteries on a curbed, impermeable surface such as a plastic tray. 6. Immediately clean-up ail broken fluorescent lamps and place them in a tightly closed container that is labeled as a hazardous waste. 7. Within thirty (30) days, seal the floor in the forklift battery recharging area with a coating that is impermeable to acid. 8. Immediately clean-up all used oil from the floor around the used oil tank. 9. Immediately remove all acid from the plastic tray and place it into a compatible container that can be kept closed 10. Immediately label the container of acid with the words "hazardous waste", an accumulation start date or a descriptive name. 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 civii 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.