The Tennessee Department of Environment and Conservation (“TDEC”) issued a proposed Director’s Order and Assessment (“Order”) to Diversified Scientific Services, Inc. (“DSSI”) addressing alleged violations of the Tennessee hazardous waste regulations. HWM-21-009. HWM-21-009.
The Order provides that DSSI is a subsidiary of Perma-Fix Environmental Services and authorized to treat, store and dispose of low-level radioactive mixed hazardous wastes at a facility located in Kingston, Tennessee (“Facility”).
The Facility is authorized to operate under a Storage permit for the storage and treatment mixed low-level radioactive hazardous materials and a Combustion permit for the combustion of hazardous waste for energy recovery. It is also authorized to process low-level radioactive material as well as low-level radioactively-processed oil. In addition, it has authorization under the Toxic Substances Control Act to process, treat, and combust mixed polychlorinated biphenyl (“PCB”) waste and operates as a permitted hazardous waste treatment storage, and disposal facility along with other activities.
The Division of Solid Waste (“Division”) of TDEC is stated to have conducted a Compliance Evaluation Inspection (“CEI”) on June 17, 2021, of the Facility. Also, a records review was also conducted.
The Division is stated to have subsequently issued a Notice of Violation (“NOV”) to DSSI for alleged violations identified during the CEI which included:
- Failure to provide adequate documentation proving that storage of the radioactive-contaminated lithium wastes was solely for the purpose of accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment, or disposal.
- Failure to properly label two satellite accumulation containers operated by pedals to indicate the dangers of the contents.
- Failure to provide a method to track the date of accumulation for universal waste batteries.
On August 19, Division personnel conducted a follow up inspection. DSSI received a September 10, 2021 NOV for the alleged:
- Inert Waste Storage area not providing enough aisle space
On September 17, 2021, the Division and DSSI met to discuss the alleged violations and corrective actions taken. DSSI is stated to have presented additional information regarding corrective measures taken to address the alleged violations which included an explanation based on the Facility’s delay in obtaining a modification to the Facility’s Title V Clean Air Act Permit. This is stated to have prevented the timely treatment of the radioactive-contaminated lithium waste.
The Order states that DSSI was capable of proving that the corrective measures implemented would prevent the reoccurrence.
The Division is said to have suffered damages in the amount $900. The Order proposes to impose an $8,420 civil penalty.
The Order gives you certain appeal rights.
You can download a copy of the Order here.