DAQ ar FILED JAN 2 & 2014 tics ot Administra Hearings DAQ-120196 (COMMONWEALTH OF KENTUCKY ENERGY AND ENVIRONMENT CABINET DIVISION OF ENFORCEMENT CASE NO. DAQ-120196 INRE: RIVER CITIES DISPOSAL, LLC- BIG RUN LANDFILL 1837 River Cities Dr. Ashland, KY 41102 AINo. 40319 ‘Activity ID No. ERF20120001 AGREED ORDER WHEREAS, the parties to this Agreed Order, the Energy and Environment Cabinet (hereinafter “Cabinet”) and River Cities Disposal, LLC ~ Big Run Landfill (hereinafter “Big Run”) state: STATEMENTS OF FACT 1. The Cabinet is charged with the statutory duty of enforcing KRS Chapter 224 and the regulations promulgated pursuant thereto. 2, Big Run is a Kentucky Limited Liability Company registered with the Kentucky Secretary of State to do business in the Commonwealth of Kentucky, and owns and operates landfill located at 1837 River Cities Drive, Ashland, Boyd County Kentucky (hereinafter “the Facility"). 3, On February 9, 2009, authorized representatives of the Cabinet identified the following alleged violation of KRS Chapter 224 and the regulations promulgated pursuant thereto at the Facility described in paragraph 2 above:DAQ-120196 «401 KAR 63:010 Section 3(1)(b), failing to prevent material from becoming airbome from roadways and material stockpiles; «401 KAR 63:010 Section 3(1)(e), failing to take reasonable precautions to prevent tracking from haul roads onto public highway. 4. On February 13, 2009, the Cabinet issued Big Run a Notice of Violation for the alleged violations described in paragraph 3 above. 5, On May 18, 2011, authorized representatives of the Cabinet identified the following alleged violation of KRS Chapter 224 and the regulations promulgated pursuant thereto at the Facility described in paragraph 2 above: «401 KAR 63:010 Section 3(1), failing to take reasonable precautions to prevent dust and tracking from haul roads. 6. On May 19, 2011, the Cabinet issued Big Run @ Notice of Violation for the alleged violation described in paragraph 5 above. 7, On September 27, 2011, authorized representatives of the Cabinet identified the following alleged violation of KRS Chapter 224 and the regulations promulgated pursuant thereto atthe Facility described in paragraph 2 above: «© 401 KAR. 52:020 Section 3(1)(b), failing to perform a visual observation of the open flare each week as required by permit G-07- oot. 8. On September 30, 2011, the Cabinet issued Big Run a Notice of Violation for the alleged violation described in paragraph 7 above. sours 2DAQ-120196 6, On October 5, 2011, authorized representatives of the Cabinet identified the following alleged violation of KRS Chapter 149 and the regulations promulgated pursuant thereto at the Facility described in paragraph 2 above: «401 KAR 63:00 Section 5(2), failing to comply with the Forest Hazard Season rules for open burning. 10. On October 12, 2011, the Cabinet issued a Letter of Warming for the alleged violation described in paragraph 9 above. 11. OnNovember 8, 2011, authorized representatives of the Cabinet identified the following alleged violations of KRS Chapter 224 and the regulations promulgated pursuant thereto at the Facility described in paragraph 2 above: «401 KAR 63:010 Section 3(1), failing to take reasonable precautions to prevent particulate matter from becoming airborne from roadways; and © 401 KAR 63:010 Section 3(1)(¢), failing to take reasonable precautions to prevent tracking from haul roads onto public highway. 12, On November 10, 2011, the Cabinet issued Big Run a Notice of Violation for the alleged violations described in paragraph 11 above. 13, On December 28 2011, authorized representatives of the Cabinet identified the following alleged violations of KRS Chapter 224 and the regulations promulgated pursuant thereto at the Facility described in paragraph 2 above: «401 KAR 63:010 Section 3(1), failing to take reasonable precautions to prevent dust and tracking from haul roads onto public highway; iomim 314. DAQ-120196 «401 KAR 63:010 Section 3(1)(¢), failing to maintain paved roadways in clean condition; + 401 KAR 63:010 Section 3(1)(0, failing to promptly remove earth or other material from a paved street or roadway; and, ‘+ 401 KAR 63:010 Section 4(4), allowing earth or other material being transported by truck to be deposited on a paved street or roadway. On January 3, 2012, the Cabinet issued Big Run a Notice of Violation for the alleged violations described in paragraph 13 above. 15, On May 21, 2012, authorized representatives of the Cabinet identified the following alleged violations of KRS Chapter 224 and the regulations promulgated pursuant thereto at the Facility described in paragraph 2 above: + 401 KAR 63:010 Section 3(1), failing to take reasonable precautions to prevent particulate matter from becoming airbome from the ‘transportation or storage of material; «401 KAR 63:010 Section 3(1)(b), failing to prevent material from becoming airborne from roadways and material stockpiles; «401 KAR 63:010 Section 3(1)(2), failing to maintain paved roadways ina clean condition to prevent tracking; «401 KAR 63:010 Section 3(1)(0, failing to take reasonable precautions to provent dust and tracking from haul roads onto public highway; and «401 KAR 63:010 Section 3(2), permitting the discharge of visible fugitive emissions beyond the lot line of the property on which the emissions originate.DAQ-120196 16. On May 22, 2012, the Cabinet issued Big Run a Notice of Violation for the alleged violations described in paragraph 15 above, 17. On September 20, 2012, authorized representatives of the Cabinet identified the following elleged violation of KRS Chapter 224 and the regulations promulgated pursuant thereto at the Facility described in paragraph 2 above: 4s 401 KAR 53:010 Section 1, a detectable odor was observed at a sixture of 1 volume unit of ambient air mixed with 7 volume units of odorless air. 18, On September 24, 2012, the Cabinet issued Big Run a Notice of Violation for the alleged violation described in paragraph 17 above. 19. On November 19, 2012, authorized representatives of the Cabinet sdentfied the following alleged violation of KRS Chapter 224 and the regulations promulgated pursuant thereto at the Facility deseribed in paragraph 2 above: 4 401 KAR 53:010 Section 1, a detectable odor was observed at @ mixture of 1 volume unit of ambient air mixed with 7 volume units of odorless air. 40, On November 27, 2012, the Cabinet issued Big Run a Notice of Violation for the alleged violation described in paragraph 19 above. 21, On March 18, 2013, authorized representatives of the Cabinet identified the following alleged violation of KRS Chapter 224 and the regulations promulgated pursuant thereto at the Facility described in paragraph 2 above: «401 KAR §2:040 Section 21, failing to timely file the Semi-Annual Monitoring Report. voamins 5DAQ-120196 39, On March 18, 2013 the Cabinet issued Big Run Notice of Violation for the alleged violation described in paragraph 21 above. 23, On March 27, 2013, authorized representatives of the Cabinet identified the following alleged violations of KRS Chapter 224 and the regulations promulgated pursuant thereto atthe Facility described in paragraph 2 above: «401 KAR 63:010 Section 3(1)(@), failing to maintain paved roadways in a clean condition; and «401 KAR 63:010 Section 4(4), allowing earth or other material being transported by truck to be tracked onto public highway. 24, On April 1, 2013, the Cabinet issued Big Run ¢ Notice of Violation for the alleged violations described in paragraph 23 above 25, On May 15, 2013, authorized representatives of the Cabinet identified the following alleged violation of KRS Chapter 224 and the regulations promulgated pursuant thereto at the Facility described in paragraph 2 ebove: «401 KAR 63:010 Section 3(1), féiling to take reasonable precautions to prevent particulate matter and fly ash from becoming sirbome from the haul road, working face area 26. On May 16, 2013, the Cabinet issued Big Run a Notice of Violation for the alleged violation described in paragraph 25 above. 27, On June 21, 2013, authorized representatives of the Cabinet identified the following alleged violation of KRS Chapter 224 and the regulations promulgated pursuant thereto atthe Facility described in paragraph 2 above: venir 6DAQ-120196 «401 KAR 53:010 Section 1, a detectable odor was observed at a ‘mixture of 1 volume unit of ambient air mixed with 7 volume units of odorless air. 28, On June 25, 2013, the Cabinet issued Big Run a Notice of Violation for the alleged violation described in paragraph 27 above. 29, On July 12, 2013, authorized representatives of the Cabinet identified the following alleged violation of KRS Chapter 224 and the regulations promulgated pursuant thereto at the Facility described in paragraph 2 above: «401 KAR 53:010 Section 1, a detectable odor was observed at a mixture of 1 volume unit of ambient air mixed with 7 volume units of odorless air. 30. On July 18, 2013, the Cabinet issued Big Run # Notice of Violation forthe alleged violation described in paragraph 29 above. 41, On July 17, 2013, authorized representatives of the Cabinet identified the following alleged violation of KRS Chapter 224 and the regulations promulgated pursuant thereto at the Facility described in paragraph 2 above: «401 KAR 53:010 Section 1, a detectable odor was observed at @ mixture of 1 volume unit of ambient air mixed with 7 volume units of odorless air. 32, On July 18, 2013, the Cabinet issued Big Run a Notice of Violation forthe alleged violation described in paragraph 31 above.DAQ-120196 33, On September 18, 2013, authorized representatives of the Cabinet identified the following alleged violation of KRS Chapter 224 and the regulations promulgated pursuant thereto atthe Facility described in paragraph 2 above: «401 KAR 53:010 Seotion 1, a detectable odor was observed at a mixture of 1 volume unit of ambient air mixed with 7 volume units of odorless air. 44, On September 23, 2013, the Cabinet issued Big Run a Notice of Violation for the alleged violation described in paragraph 33 above. 35. On September 27, 2013, authorized representatives of the Cabinet identified the following alleged violation of KRS Chapter 224 and the regulations promulgated pursuant thereto atthe Facility described in paragraph 2 above: «401 KAR 53:010 Section 1, a detectable odor was observed at a mixture of 1 volume unit of ambient air mixed with 7 volume units of odorless ai. 36. On October 4, 2013, the Cabinet issued Big Run a Notice of Violation for the alleged violation described in paragraph 35 above. 37, On October 3, 2013, authorized representatives of the Cabinet identified the following alleged violation of KRS Chapter 224 and the regulations promulgated pursuant thereto at the Facility described in paragraph 2 above: «401 KAR 53:010 Section 1, a detectable odor was observed at a mixture of 1 volume unit of ambient air mixed with 7 volume units of odorless air. pains 8DAQ-120196 38. On October 7, 2013, the Cabinet issued Big Run a Notice of Violation for the alleged violation described in paragraph 37 above. 39, On October 7, 2013, authorized representatives of the Cabinet identified the following alleged violations of KRS Chapter 224 and the regulations promulgated pursuant thereto at the Facility described in paragraph 2 above: «401 KAR 63:010 Section 3(1), failing to take reasonable precautions to prevent particulate matter from becoming airbome from roadways; and «401 KAR 63:010 Section 3(1)(¢), failing to take reasonable precautions to prevent tracking from haul roads onto public highway: 40, On October 7, the Cabinet issued Big Run a Notice of Violation for the alleged violations described in paragraph 39 above. 41. On November 21, 2013, authorized representatives of the Cabinet identified the following alleged violation of KRS Chapter 224 and the regulations promulgoted pursuant thereto atthe Facility described ia paragraph 2 above 401 KAR $3:010 Section 1, a detectable odor was observed at a mixture of 1 volume unit of ambient air mixed with 7 volume units of odorless air. 42, On November 22, 2013, the Cabinet issued Big Run a Notice of Violation {for the alleged violation described in paragraph 41 above. 43, November 22, 2013, authorized representatives of the Cabinet identified the following alleged violation of KRS Chapter 224 and the regulations promulgated pursuant thereto atthe Facility desribed in paragraph 2 above: romans 9DAQ-120196 «401 KAR $3:010 Section 1, a detectable odor was observed at a mixture of 1 volume unit of ambient air mixed with 7 volume units of odorless air. 44, OnNovember 22, 2013, the Cabinet issued Big Run a Notice of Violation for the alleged violation described in paragraph 43 above. 45, On September 4, 2013, representatives of Big Run notified the Cabinet of 4 slide along the slope of a section of the Big Run landfill, Incident #2367018 (the Slide"), to which, pursuant to KRS 224.1-400, the Cabinet responded incurring costs in the amount of Thirty Thousand Eight Hundred Sixty-Four Dollars ($30,864) (“Response Cost”). 46, Representatives of Big Run attended administrative conferences with the Cabinet’s Division of Enforcement (hereinafter “DENF") in Frankfort, Kentucky, on February 7, 2013, June 5, 2013, and October 15, 2013, and neither admitted nor denied the alleged violations described above, but agrees to the entry of this Agreed Order to resolve the violations as alleged above. NOW THEREFORE, in the interest of settling all civil claims and controversies involving the alleged violations described above, the parties hereby consent to the entry of this Agreed Order and agree as follows: REMEDIAL MEASURES 47. Big Run shall develop and submit a Corrective Action Plan for the Violations alleged in paragraphs 4, 6, 12, 14, 16, 24, 26, and 40 above (hereinafter the “first CAP"). The First CAP shall outline the steps Big Run will take to return to and maintain compliance with the Cabinet's regulations, and shall include implementation rir 10DAQ-120196 dates for each corrective action to be taken. The parties acknowledge that Big Run has submitted, and the Cabinet hereby accepts, the: First CAP atached hereto and incomporated herein as Exhibit 1. Big Run shall immediately implement the First cap and complete corrective actions outlined in the First CAP, as accepted by the Cabinet 48. Within ninety days (90) days of execution of this Agreed Order, Big Run shall develop and submit a Corrective Action Plan for the violations alleged in paragraphs 8, 18, 20, 22, 28, 30, 32,34, 36, 38, 42, and 44 above and for remediating the Slide (hereinafter the “Second CAP") to the Cabinet for review and acceptance, The Second CAP shall outline the steps Big Run will take to retum to and maintain compliance with the Cabinet's regulations and shall include the timeframe for each, corrective action to be taken. 49. Upon review of the Second CAP, the Cabinet shall, in whole or in part, (1) approve, (2) disapprove, or (3) provide comments to Big Run identifying any deficiencies. Upon receipt of Cabinet comments, Big Run shall revise and resubmit the Second CAP to the Cabinet within forty-five (45) days for review and acceptance. Upon resubmittal by Big Rua, the Cabinet may, in whole or in part, (1) approve, (2) disapprove or (3) provide comments to Big Run identifying any deficiencies. Upon such resubmittal, irany part of the Second CAP is disapproved, the Cabinet may deem Big Run 10 be out of compliance withthe Agreed Order for failure to timely submit a Second CAP 50. [fat any time either party determines it is necessary to amend either CAP inorder to meet the goals or deadlines of the Agreed Order, the following will occur: i. [the Cabinet requests an amendment of either CAP, the Division of Enforcement (hereinafter “DENF”) shall notify Big Run in writing mains uDAQ-120196 that an amendment is necessary and will outline the reasons for the request. Big Run shall submit an amended CAP to DENF within thirty (30) days. Upon submittal of a an amended CAP, the Cabinet may, in whole or in part, (1) approve, (2) disapprove, or (3) provide comments to Big Run identifying any deficiencies. If the Cabinet disapproves any part of the CAP, the Cabinet may deem Big Run to be out of compliance with this Agreed Order for failure to timely submit a CAP; and ii, If Big Run requests an amendment of either CAP, it shall notify the Cabinet in writing that an amendment request is forthcoming and shall outline the reasons why the amendment is necessary. Big Run shall then submit a draft amended CAP within thirty (30) days of such notification to the Cabinet. Upon review, the Cabinet may, in whole or in part, (1) approve or (2) disapprove, or (3) provide ‘comments to Big Run identifying any deficiencies. COST RECOVERY 51. Pursuant to KRS 224.01-400, and KRS 224.46-580, the Cabinet has the uty to recover funds expended from the potentially responsible parties involved. As of October 29, 2013, the Cabinet has expended Thirty Thousand Bight Hundred Sixty-Four Dollars ($30,864) in oversight expenses related to the Slide, Big Run shall reimburse the Cabinet for its response costs in the amount of Thirty Thousand Eight Hundred Sixty- Four Dollars ($30,864). The Response Cost shall be tendered by Big Run to the Cabinet within thirty (30) days of execution of this Agreed Order. peoinsas 12DAQ-120196 52, Payment of the Response Cost costs shall be by cashier's check, certified check, or money order, made payable to “Kentucky State Treasurer” and shall be sent to the attention of; Ditector, Division of Enforcement, 300 Fair Oaks Lane, Frankfort, Kentucky 40601. Please note “Case No. DAQ 120196” on the instrument of payment ‘The Response Cost shall be paid via an instrument of payment that is separate from the instrument of payment used to tender the civil penalty described in paragraph 55 below. 53. The Cabinet does not warrant or aver in any manner that Big Run's complete compliance with the remedial measures above will result in compliance with the provisions of KRS Chapter 224 and the regulations promulgated pursuant thereto. “The Cabinet reserves its right to enforce all Notices of Violation, including imposition of civil penalties, should Big Run fail o implement the CAPs described in paragraphs 47 and 48 above or is otherwise deemed by the Cabinet to be out of compliance with this Agreed Order. The Cabinet further reserves its right to issue at any time an Onder for Discontinuance, Abatement, or Alleviation pursuant to KRS 224.10-410 should in the judgment of the Cabinet any condition oF activity warrants the issuance of any such order. 54. So long as Big Run is in compliance with the terms of the Agreed Order and is implementing the Second CAP, in accordance with remedial measures deadlines, DENF shall holdin abeyance civil penalties resulting from violations of 401 KAR 53:010 [Appendix A, except for any violations unrelated to the remediation ofthe Slide or the gas collection and control system (hereinafter “GCCS") or any failure to operate oF maintain odor control equipment (hereinafter “Other Odor Violations”). ioomrsa 13DAQ-120196 PENALTIES 55. Big Run shall pay a civil penalty in the amount of Seventy-Five Thousand dollars ($75,000) for the alleged violations described above. The penalty shall be tendered by Big Run to the Cabinet within thirty (30) days of execution of this Agreed Onder. 56, Until the Second CAP is completed, in accordance with the schedule accepted by the Cabinet, Big Run shall pay stipulated penalty of Seven Thousand Five Hundred Dollars ($7,500) for any Other Odor Violations. Thereafter, during the term of this Agreed Order, Big Run shall pay a stipulated penalty of Seven Thousand Five Hundred Dollars ($7,500) for any violation of 401 KAR 53:010 Appendix A. 57. During the term of this Agreed Order, Big run shall also pay a stipulated penalty of Two Thousand Five Hundred Dollars (S2,500) for tracking of material from the facility onto U.S. Highway 60 in violation of 401 KAR 63:010 Section 3(6) 58, If Big Run believes the request for payment of a stipulated penalty is erroneous or contrary to law, Big Run may request a hearing in accordance with KRS 1204.10-420(2), The request for hearing does not excuse timely payment of the penalty: If-an order is entered pursuant to KRS 224.10-440 that excuses payment, the Cabinet will refund the payment, Failure to make timely payment shall constitute an additional violation. 59. Payment of civil penalties and stipulated penalties shall be by cashier's check, certified check, or money order, made payable to “Kentucky State Treasurer” and sent tothe attention of Director, Division of Enforcement, 300 Fair Oaks Lane, Frankfort, Kentucky 40601, with “Case No. DAQ-120196” noted on the instrument of payment. voamires 4DAQ-120196 Payment of any stipulated penalties shall be tendered by Big Run to the Cabinet within thirty (30) days of receipt of any request for payment. FORC) UI 60. Big Run shall complete all remedial measures within the time limits set forth in this Agreed Order unless the performance is prevented or delayed solely by ‘events which constitute a force majeure. 61. A force majeure event is defined as any event arising from causes not reasonably foreseeable and beyond the control of Big Run or its consultants, engineers oF contractors, which could not be overcome by Big Run's due diligence and which delays or prevents performance by a date as required by this Agreed Order. 62, Force majeure events do not include unanticipated or increased costs of performance, changed economic or financial conditions, normal precipitation events the failure by a contractor to perform, or failure ofa supplier to deliver unless such failure is, itself, the result of force majeure. 63. Big Run shall notify the Director of the Division of Enforcement by telephone at 502-564-2150 by the end of the next business day and in writing within ten (10) business days after they become aware of events which they know or should reasonably know may constitute a force majeure. Big Run's notice shall provide an estimate of the anticipated length of delay, including any nevessary period of time for demobitization and remobilization of contractors or equipment, a description of the cause of delay, a description of measures taken or to be taken by Big Run fo minimize delay, including a timetable for implementing these measures. semis 15DAQ-120196 64, Failure to comply with the notice provision may be grounds for the Cabinet to deny granting an extension of time to Big Rua. If any event is anticipated to occur which may cause a delay in complying with the terms of this Agreed Order, Big Run shall notify the Director of the Division of Enforcement by telephone at 502-564- 2150 by the end of the next business day and in writing within ten (10) business days of learning of the possibilty of a force majeure event, if the event has not already occurred. ‘The Division of Enforcement will respond in writing to any written notice received. 65. If Big Run suocessfully demonstrates to the Cabinet that the delay has been or will be caused by a force majeure event, the Cabinet will grant an extension of the time, In such cases, Big Run will be granted a period of time at least equal to the length of delay. 66. All force majeure extensions shall be accomplished through a written amendment of this Agreed Order. 67. Ifa dispute arises over the occurrence or impact of a force majeure event and cannot be resolved, the Cabinet reserves the right to seek enforcement of this Agreed Order and Big Run reserves its respective rights to request a hearing under KRS 224.10- 420(2). If Big Run contests their liability for performance penalties, they shall have the burden of proof that a violation of this Agreed Order was caused by a force majeure event. MISCELLANEOUS. PROVISIONS 68. This Agreed Order addresses only the violations specifically alleged above, Other than those matters resolved by entry of this Agreed Order, nothing contained herein shall be construed to waive or to limit any remedy or cause of action by oom 16DAQ-120196 the Cabinet based on statutes or regulations under its jurisdiction and Big Rum reserves i defenses thereto, The Cabinet expressly reserves its right at any time 0 issue administrative orders and to take any other action it deems mecessary that 18 not inconsistent with this Agreed Order, including the right to order all necessary remedial measures, assess penalties for violations, oF recover all response eosts incurred, and Big Run reserves its defenses thereto. 69. This Agreed Order shall not prevent the Cabinet from issuing, reissuing, renewing, modifying, revoking, suspending, denying, terminating, or reopening “Y permit to Big Run. Big Run reserves its defenses thereto, except that Big Run shall not use this Agreed Order as a defense in any action by the Cabinet or by Big Run 70. Big Run waives its right to any hearing on the matters herein. However, failure by Big Run to comply strictly with any or all of the terms of this Agreed Order shall be grounds for the Cabinet fo seek enforcement of this Agreed) Order in Franklin Circuit Court and to pursue any other appropriate administrative or judicial action under KRS Chapter 224 and the regulations promulgated pursuant thereto 71. The Agreed Order may not be amended except by a written order of the Cabinet's Seoretary or his designee. Big Run may request an amendment by writing the Director of the Division of Enforcement at 300 Fair Oaks Lane, Frankfort, Kentucky 40601, and stating the reasons for the request. If granted, the amended Agreed Order shall not affect any provision of this Agreed Order unless expressly provided in the amended Agreed Order. 42 The Cabinet does not, by its consent to the entry of this Agreed Order, warrant or aver in any manner that Big Run’s complete compliance with this Agreed miss 7DAQ-120196 Order will result in compliance with the provisions of KRS Chapter 224 and the regulations promulgated pursuant thereto. Notwithstanding the Cabinet’s review and approval of any plans formulated pursuant to this Agreed Order, Big Run shall remain solely responsible for compliance with the terms of KRS Chapter 224 and the regulations promulgated thereto, this Agreed Order, and any permit and compliance schedule requirements, 73, Big Run shall give notice of this Agreed Order to any purchaser, lessee or successor in interest prior to the transfer of ownership and/or operation of any part of the facility occurring prior to termination ofthis Agreed Order, shall notify the Cabinet that such notice has been given, and shall follow all statutory requirements for 2 transfer: Whether or not a transfer takes place, Big Run shall remain fully responsible for payment of all civil penalties and for performance of all remedial measures identified in this Agreed Order. 74, The Cabinet agrees to allow the performance of the above listed remedial measures, payment of civil penalties, and payment of stipulated penalties, if any, by Big Run to satisfy Big Run’s obligations to the Cabinet generated by the violations alleged above. 75, ‘The Cobinet and Big Run agree that the remedial measures agreed to herein are site-specific and designed to comply with the statutes and regulations cited herein, ‘This Agreed Order applies specifically and exclusively to the unique facility referenced herein and is inapplicable to any other site or facility. 76, All submittals required of Big Run shall be to: Director, Division of Enforcement, Department for Environmental Protection, 300 Fair Oaks Lane, Frankfort, pons 18DAQ-120196 Kentucky 40601. Big Run shall pay all applicable fees required by KRS Chapter 224 and the regulations promulgated pursuant thereto. 77, All notices to Big Run required by this Agreed Order shall be to the following: River Cities Disposal, LLC, c/o EnviroSotutions, Inc. 11220 Assett Loop, Suite 201, Manassas, Virginia 20109, Attention: General Counsel, with a copy to William Hi Jones, Jr. and. Kimberly S. MeCann, VanAntwerp, Monge, Jones, Edwards & MeCann, LLP, P.O. Box 1111, Ashland, Kentucky 41105-1111 Big Run may change the contact person for receipt of notices by providing a written notice of such change t0 the Director, Division of Enforcement, Department for Environmental Protection, 78, The provisions of this Agreed Order shall apply to and be binding upon Big Run, The acts or omissions of Big Run's officers, directors, agents, and employees shall not excuse the performance of any provisions of this Agreed Order. The Cabinet reserves its right to seek enforcement of this Agreed Order against Big Run's successors and assigns, and Big Run reserves its defenses thereto. In the event of a transfer of the property on which the Facility is located, Big Run shall remain fully responsible for the payment of penalties, stipulated penalties, if any, and the performance of all remedial ‘measures required by this Agreed Order. 79. This Agreed Order shall be of no force and effect unless and until itis entered by the Secretary or his designee as evidenced by his signature thereon. If this [Agreed Order contains any date by which Big Run is to take any action or cease any activity, and the Secretary enters the Agreed Order after that date, then Big Run is nonetheless obligated to have taken the action or ceased the activity by the date contained in this Agreed Order. sone 19DAQ-120196 RMINATION 80, This Agreed Order shall terminate upon Big Run’s completion of all requirements described in this Agreed Order, Big Run may submit written notice fo the Cabinet when they believe all requirements have been performed. The Cabinet will notify Big Run in writing of whether it intends to agree with or object to termination ‘The Cabinet reserves its right to enforce this Agreed Order, and Big Run reserves its rights to file a petition for hearing pursuant to KRS 22410-4202) contesting the Cabinet's determination. rosin 20DAQ-120196 AGREED TO BY: \ AA Gary Hewes-Wice President Operations Support & Process Improvement EnviroSolutions, Inc. 11220 Assett Loop, Suite 201 Manassas, VA. 20109 APPROVAL RECOMMENDED BY: Lhe A ‘ffrey A. Cummins, Acting Director Division of Enforcement John West, Counsel Environmental Protection Legal Division G. Michael Haines, General Counsel Energy and Environment Cabinet osm 21 2 [13] 13 Datd 2Wy & Date wali Date 110-4 DateDAQ-120196 ORDER Wherefore, the forgoing Agreed Order is entered as the final Order of the Energy * 7 and Environment Cabinet this 2 day of ~‘a. sual , 2014 ENERGY AND ENVIRONMENT CABINET Ol Alt ETERS, SECRETARY 22DAQ-120196 CERTIFICATE OF SERVICE [hereby certify that a true and accurate copy of the foregoing AGREED ORDER was mailed, postage prepaid, to the following this A” day of TSanwary 20 Gary Hewes, Vice President Operations Support & Process Improvement EnviroSolutions, Inc. 11220 Assett Loop, Suite 201 Manassas, VA 20109 Hon. William H. Jones, Jr Hon. Kimberly S. MeCann ‘VanAntwerp, Monge, Jones, Edwards & McCann, LLP 1544 Winchester Avenue, Fifth Floor P.O. Box 1111 Ashland, KY 41105-1111 ‘And mailed, messenger to: Director Division of Enforcement 300 Fair Oaks Lane Frankfort, KY 40601 John West, Counsel Environmental Protection Legal Division 300 Fair Oaks Lane Frankfort, Kentucky 40601 L7s 86D FET SH BB pean 23ean} FIRST CORRECTIVE ACTION PLAN CASE NO. DAQ-120196; ‘TEMPOAIH40319 RIVER CITIES DISPOSAL, LLC ~ BIG RUN LANDFILL 1837 River CrmieS DRIVE ASHLAND, Kentucky 41102 AGREED ORDER CASE NO. DAQ-120196 Exuisit 1EIRST CORRECTIVE ACTION PLAN onFebrvary 7, 2013, June 5, 2013, and October 15, 2013, ig Run Landfil “Big Run”) attended a conference at which time Big Run was requested by the Division of Enforcement ("DENF”) to develop and submit a First Corrective Action Plan (First CAP) to the Cabinet for review and acceptance DENF requires the First CAP to outline the actions that Big Run has taken, and wil eontnue to take to maintain compliance with 401 KAR 63:010 Section 3(f). As reviewed with DENF, 61g Run has implemented measures to control tracking of material from the facility onto U.S. Highway 60 ‘Therefore, Big Run submits as its First CAP the following summary of Corrective Measures, 25 reviewed with the Division, which have been implemented: + Completed new landfill access road. «Constructed and paved local unloading area with exit road. + Purchased new sweeper truck for road cleaning. «installed large rocks after the tire wash to prevent truck from leaving the asphalt after the tires are cleaned, «+ Installed one way tire spikes to prevent trucks from bypassing the tre wash. )F FIRST New asphalt landfill road (completed November 2012) $500,000 New sweeper truck $93,000 Paved asphalt local drop off and new exit road $86,000 (One way tre spikes $22,000 TOTAL ‘$681,000% This 13_day of. er 2013. A Loews Peet aa Operations Support & Process improvement EnviroSolutions, Inc. 11220 Asset Loop, Suite 201 Manassas, VA 20109