205-18 Exhibit to Resolution Authorizing Administrative Consent Order.pdf

3. The Department and Respondent have entered into this ACO to ensure that a mutually agreeable schedule is established to address the appropriate management of the subject solid waste. NOW, THEREFORE, IT IS HEREBY AGREED THAT: B. COMPLIANCE SCHEDULE 4. Respondent shall take whatever actions are necessary to achieve and maintain full compliance with this ACO on or before May 18, 2020, including but not limited to the following: a. Proper disposal or legal reuse for the subject material, outlined in section A.2, above. In the interim of achieving this objective, Respondent shall ensure that the contamination within the subject material is prevented from emanating from it, and, that the subject material containing such contamination is immobilized. Respondent represents that such control will be achieved based on the following: storing the subject material on competent impervious surface; preventing the runoff of the subject material in compliance with the provisions of the applicable storm water permit from the Department; and, storing the subject material in a distinct separated area without the comingling of other site debris. Respondent shall contact the Department’s Bureau of Nonpoint Pollution Control to determine which type of Storm Water Permit is applicable to the storage of the subject material. A copy of the completed application submitted to the Bureau of Nonpoint Pollution Control for such Storm Water Permit shall be submitted to the Department’s Bureau of Solid Waste Compliance and Enforcement within sixty (60) days upon execution of this ACO. Respondent may continue storing the subject material in the interim of the Department’s approval of such Storm Water Permit application provided that no discharge of hazardous substances, fines or other contaminants from the subject material that would cause a violation of the Water Pollution Control Act occurs so as to avoid associated penalty assessment(s) and corrective action(s) which may require the immediate removal of the subject material. Failure to timely respond to any deficiencies in the Storm Water Permit application identified by the Department’s Bureau of Nonpoint Pollution Control may, at the Department’s discretion, trigger the Stipulated Penalties provision in

ncies in the Storm Water Permit application identified by the Department’s Bureau of Nonpoint Pollution Control may, at the Department’s discretion, trigger the Stipulated Penalties provision in paragraph 11 of this ACO and/or cause this ACO to be terminated such that the subject materials would be required to be immediately removed. 5. If Respondent is unable to achieve compliance by taking the above actions, Respondent shall be subject to actions available to the Department as set forth in this ACO, and shall be responsible for taking whatever additional actions are necessary in order to comply with all applicable federal, state and local permits as well as all applicable statutes, codes, rules, regulations and orders, including but not limited to the statutes and regulations cited herein.