determining the facility’s
impact on groundwater quality, and has not prepared a written waiver demonstration.
2.
40 CFR §265.13, ACRR R9-8-1821.A.1
The waste analysis plan does
not indicate the sampling methods for each waste or the frequency of waste
analysis.
3.
40 CFR §265.112, ACRR R9-8-1820 .E.
The closure plan does not include
a year of final closure or a closure schedule. There are no provisions
for analysis of soil for contamination or removal of contaminated soil.
4.
40 CFR §265.302, ACRR R9-8-1821.A.
The landfill area is not provided
with a system to adequately divert runon or collect runoff from its active
portions.
5.
40 CFR §265.312, ACRR R9-8-1821.A.
Ignitable waste is placed in
the landfill without being rendered not ignitable.
Section II.D of the Phase I
Memorandum of Agreement makes it the primary obligation of the State to
take timely and appropriate enforcement action against persons in violation
of facility standards. This section includes violations detected by Federal
compliance evaluation inspections.
EPA believes it is appropriate
that the State initiate enforcement action. Please provide us with a copy
of your compliance action or evidence of compliance within thirty (30)
days of receipt of this letter and report your compliance actions related
to this case on your monthly inspection and compliance report.
Should the State fail to take
action within the specified time period, EPA will exercise its right to
initiate enforcement action under Section 3008(a)(2) of RCRA.”(24)
