The Tennessee Department of Environment and Conservation (“TDEC”) issued a March 10th proposed Director’s Order and Assessment (“Order”) to West Star Aviation, LLC, (“West Star”) addressing alleged violations of the Tennessee Hazardous Waste Regulations. Case No. HWM 21-0119.
The Order provides that West Star conducts aircraft maintenance, repair and exterior refinishing/painting at a facility (“Facility”) in Chattanooga, Tennessee.
According to the Facility, it generates large quantities of hazardous waste. Further, the Facility is stated to have notified TDEC Division of Solid Waste Management (“Division”) that it generates seven hazardous waste streams. The Order gives a detailed description of the Facility’s waste activities.
Division personnel are stated to have conducted a Compliance Evaluation Inspection (“CEI”) of the Facility on August 31, 2021. According to reports, the inspection included a Facility walk-through, Painting Booth, Preparation Booth, Hazardous Waste Storage Room, and records review.
The Division on October 6, 2021, issued a Notice of Violation (“NOV”) to West Star alleging the following violations:
- Failure to close three drums containing hazardous waste
- Failure to maintain signed return copies of hazardous material manifests.
- Failure to label hazardous waste storage tank.
- Failure to provide a liner of secondary containment
- Failure to keep records of daily tank inspections.
- Failure to obtain a Professional Engineer certification in hazardous waste storage tanks
- Failure to obtain a permit to treat hazardous waste
West Star was told to submit documentation detailing the correction of all outstanding violations no later than November 15, 2021. The Division also stated that it sent West Star a November 9th, 2021 letter, inviting West Star to schedule a Show Cause meeting to discuss violations, corrective actions, and any additional information or practices to prevent a recurrence.
On December 16, West Start stated that a Show Cause meeting was held virtually. West Start states that it has not provided any additional information on the steps taken to address the remaining violations. According to the Order, violations have not been corrected.
According to the Order, the Division suffered damages in the amount $1,950 during the course of the investigation.
The Order proposes to assess the alleged damages at $1,950 and a civil penalty at $18,520.
Certain appeal rights can be granted to West Star.
You can download a copy of the Order Here.
