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Notice of Violation
On May 28, 2013, the Division of Air Quality (DAQ) issued a Notice of Violation and Order to Comply to Stericycle for multiple violations of its Title V air quality operating permit.
The Order required Stericycle to take all necessary actions to bring its operations into compliance with all applicable provisions of the Utah Air Conservation Act and submit written notification of its intent to comply, outlining how, and when compliance will be achieved to DAQ in writing on or before the 15th day after it received the Order. Stericycle submitted its 15-day response to the NOV to DAQ on June 14, 2013 and requested a 30-day extension from DAQ to decide whether it will challenge the Order. Stericycle submitted a request for extension on July 26, 2013, asking for additional time to work towards a settlement. DAQ granted Stericycle an extension until August 30, 2013. DAQ requested, and Stericycle agreed, to weekly meetings to advance settlement discussions, with an option for additional meetings as needed.
The Division of Air Quality identified a need to modify the NOV to explicitly cover each day of the nitrogen oxides (NOx) emission limit violation based on the charging rate of waste prior to the installation of additional NOx controls. On August 28, 2013, DAQ issued an Amended Notice of Violation and Order to Comply. Stericycle responded to this Amended Notice of Violation by filing a Request for Agency Action with the Division on September 27, 2013.
Stericycle demonstrated compliance with the emission limits contained in its permit as of April 10, 2013, with the penalty accruals for the violations listed in the NOV ending on that date. Under state rules, DAQ can levy fines of up to $10,000 per day for every violation.
The violations identified in the Notice of Violation (NOV) occurred between 2011 and 2013. They include:
- emissions exceeding the permit limits for dioxin and furan
- emissions exceeding the permit limits for NOx on multiple occasions
- failure to report these emission exceedances to DAQ in a requisite time frame
- failure to maintain normal operating conditions during a stack test
- failure to include the test results demonstrating these emission exceedances in the requisite annual and semi-annual monitoring reports
The Division Director will determine the penalties for noncompliance based on the nature and extent of the violations and the potential for harm from the violations. Violations with a high potential for impact on the public health and the environment are subject to the highest penalties.
The Notice of Violation and Order to Comply is a document that describes findings of fact, identifies violations based on these findings, and issues mandatory compliance provisions based on the findings and violations. It does not establish penalties, but does provide information the Division Director can use in determining fines.
- Air Quality Compliance History: Rusty Ruby
- Air Quality Permit: Regg Olsen
- Health Related Concerns: Steve Packham, Toxicologist
- Solid Waste Permit and Compliance History: Roy Van Os.