State of Vermont

Department of Environmental Conservation
Waste Management Division
103 South Main Street/West Office
Waterbury, Vermont 05671-0404
(802) 241-3888
FAX (802) 241-3296

Nov. 29, 2000



SUBJECT: Notice of Alleged Violation, DEC Spill #00-429

Dear Mr. Jordan:

The purpose of this letter is to notify you that the Agency of Natural Resources (ANR) believes that OMYA violated the Vermont Hazardous Waste Management Regulations (VHWMR) described below:

VHWMR Section 7-105 (a)(2)(A): "All discharges and/or releases that meet any of the following criteria shall be immediately reported to the Secretary by the person or persons exercising control over such waste…

(i): A discharge of hazardous waste or release of hazardous material that when released becomes hazardous waste, that exceeds 2 gallons;…"

Alleged violation
: At approximately 01:15 on November 19, OMYA reported a spill of approximately 18,000 kilograms of sodium o-phenylphenate to Tom Woodard of Emergency Management. The spill was discovered on November 18, at approximately 1630 hours.

In response to the alleged violation(s) described above and pursuant to 10 V>S>A> Section 8008, the Agency may issue an Administrative Enforcement Order which, among other things, would: assess penalties, require correction and/or remediation of the alleged violation(s) and require other measures as deemed appropriate. Your prompt response to this NOAV, through the actions requested below or by other acceptable means, may lessen the possibility or severity of any enforcement action which may be taken by the Agency.

Requested Action(s):

OMYA must describe in writing what actions will be taken to ensure that spills will be reported promptly to the ANR Spill Program. Spills can be reported to the Waste Management Division during normal business hours at 802.241.3888 or outside of normal business hours (24 hours, weekends and holidays) at 800.641.5005

If you should have any questions regarding this Notice of Alleged Violation, please contact Marc Roy at 802-241-3874.

P.H.Flanders, Director, Waste Management Division

Cc: Peter Marshall, Manager, RCRA Program, WMD
Lynn Metcalf, RCRIS Coordinator, WMD
Sal Spinosa, ANR Enforcement Division