Hazardous Waste Inspections WIH2E December 8, 2008 Sandy Miller - WDNR (920)

WHY IS YOUR FACILITY BEING INSPECTED? Complaint Complaint Hazardous waste annual report Hazardous waste annual report Manifest data Manifest data Program referral Program referral Date of last inspection Date of last inspection Prior problems at the site Prior problems at the site Industry sector priority Industry sector priority

ACTIVE HAZARDOUS WASTE FACILITIES IN WISCONSIN As of December ,900 Very small quantity generators (at least) 9,900 Very small quantity generators (at least) 1,300 Small quantity generators 1,300 Small quantity generators 450 Large quantity generators 450 Large quantity generators 70 Licensed transporters 70 Licensed transporters 17 Treatment and storage facilities 17 Treatment and storage facilities 11,737 Total 11,737 Total

WHAT HAPPENS DURING AN INSPECTION? Usually not announcedUsually not announced Initial discussionInitial discussion Records reviewRecords review Walk through the facilityWalk through the facility Exit conference Exit conference

INSPECTION PROCEDURES RECORDS REVIEW Waste determination Waste determination Manifests/LDR forms Manifests/LDR forms Contingency plan Contingency plan Training records Training records Inspection records Inspection records

INSPECTION PROCEDURES WALK THROUGH Waste management areas Waste management areas - Proper labeling - Closed containers - Preparedness and prevention Problems Problems - Releases to the environment - Fire hazards - Accumulation of waste (too much or too long) - Containers of unknowns - Storage of incompatible waste

WHAT HAPPENS NEXT? Depends on the results of the inspection Depends on the results of the inspection Inspection letter Inspection letter - In compliance at time of inspection - Violations found during the inspection - Violations found during the inspection Stepped enforcement Stepped enforcement

STEPPED ENFORCEMENT  Notice of noncompliance  Notice of violation  Enforcement conference  Administrative order  Referral to Wisconsin Department of Justice Justice - Civil or Criminal - Civil or Criminal

INSPECTIONS AND ENFORCEMENT ACTIONS IN WISCONSIN JULY 1, JUNE 30, 2008  470 hazardous waste evaluations - Includes inspections, complaints, financial review and other - Of the 470, 231 were compliance inspections - Of the 470, 231 were compliance inspections  146 enforcement actions due to violations  146 enforcement actions due to violations Notice of Noncompliance - 12 Notice of Violation - 4 Enforcement conferences - 1 Civil Referral to Department of Justice - Criminal referrals not included

PENALTIES Goals of penalties Goals of penalties - Deter violations - Punish violators - Remove economic benefit of non-compliance Penalties are based on Penalties are based on - Economic benefit of non-compliance - Seriousness of the violation - Seriousness of the violation - Case specific factors - Case specific factors ▪ Good faith effort to comply ▪ Good faith effort to comply

PENALTIES Civil Civil - Between $100 and $25,000 per day, per violation Criminal Criminal - Monetary same as civil - Monetary same as civil - Imprisonment - Imprisonment

HOW CAN YOU PREPARE FOR AN INSPECTION? Stay in compliance with the regulations Stay in compliance with the regulations Keep records current and organized Keep records current and organized Assure proper handling of the waste Assure proper handling of the waste Conduct self audits Conduct self audits Correct problems immediately Correct problems immediately Ask questions Ask questions - Call regional staff

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