Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Alaska Electric Cooperative Coal-Fired Power Plant Operator Enter into Consent Agreement

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The United States Environmental Protection Agency (“EPA”) and Golden Valley Electric Association, Inc. (“Golden Valley”) entered into a September 2nd Consent Agreement (“CA”) addressing alleged violations of the federal hazardous waste regulations. See Docket No. RCRA-10-2021-0212.

The CA provides that Golden Valley is a cooperative electric company doing business in the State of Alaska.

Golden Valley is stated to be the owner and operator of the Healy power plant located in Healy, Alaska (“Facility”). It is described as a coal-fired electric power generating facility whose operations result in the generation of solid and hazardous waste.

As a result, the Facility is stated to be a “generator” as defined by 40 C.F.R. § 260.10. However, the Facility is also stated to not be a permitted treatment, storage, disposal facility, nor an interim status facility under Section 3005 of the Resource Conservation and Recovery Act (“RCRA”).

The CA alleges the following violations:

  • Storage of Hazardous Waste without a Permit or Interim Status
  • Failure to Prepare a Correct Land Disposal Restriction Notice
  • Failure to Properly Manage Universal Waste
  • Failure to Label or Mark Containers Used to Store Used Oil

Golden Valley neither admits nor denies the specific factual allegations contained in the CA.

The CA assesses a civil penalty of $20,178.

A copy of the CA can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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