Department of Environmental Quality
to Visit Doby Dump Site
Inside Buffalo Magazine was informed by a concerned citizen today that the Oklahoma DEQ was planning on conducting an investigation into the improper and illegal dumping by the Town of Buffalo of a sundry of junk including hazardous waste materials; lead-acid batteries and storage drums at the Buffalo Municipal Recreation Facility & Doby Springs Nature Trail.
Inside Buffalo first reported about this in THIS ARTICLE
Inside Buffalo Magazine was privy to what was said in a conversation with a representative from the Oklahoma DEQ regarding their investigation.
This is a list of fines that could be applicable for improper handling and violation of Federal Regulations.
--U.S. code citation:
42 U.S.C. 14304(a)(1)
--Regulation Act Violation:
MERCURY-CONTAINING AND RECHARGEABLE BATTERY MANAGEMENT ACT
(BATTERY ACT)
--Possible Penalties effective after January 12, 2009:
$16,000.00
The Code of Federal Regulations at: 40 CFR part 273 says regarding battery disposal:
§ 273.13 Waste management.
(The Town of Buffalo) must manage universal waste batteries in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(1) … must contain any universal waste battery that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container. The container must be closed, structurally sound, compatible with the contents of the battery, and must lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.
§ 273.14 Labeling/marking. …must label or mark the universal waste to identify the type of universal waste as specified below: (a) Universal waste batteries (i.e., each battery), or a container in which the batteries are contained, must be labeled or marked clearly with any one of the following phrases: “Universal Waste—Battery(ies),” or “Waste Battery(ies),” or “Used Battery(ies);”
§ 273.15 Accumulation time limits. (a) … accumulate universal waste for no longer than one year from the date the universal waste is generated, or received from another handler, unless the requirements of paragraph (b) of this section are met.
(b) A small quantity handler of universal waste may accumulate universal waste for longer than one year from the date the universal waste is generated…
(c) … must be able to demonstrate the length of time that the universal waste has been accumulated from the date it becomes a waste or is received….
§ 273.16 Employee training. A small quantity handler of universal waste must inform all employees who handle or have responsibility for managing universal waste. The information must describe proper handling and emergency procedures appropriate to the type(s) of universal waste handled at the facility.
§ 273.17 Response to releases. (a) … handler of universal waste must immediately contain all releases of universal wastes and other residues from universal wastes. (b) … handler of universal waste must determine whether any material resulting from the release is hazardous waste, and if so, must manage the hazardous waste in compliance with all applicable requirements of 40 CFR parts 260 through 272. The handler is considered the generator of the material resulting from the release, and must manage it in compliance with 40 CFR part 262.
