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Mr. Hal Daley -3- <br /> Marley Cooling Tower Company is also storing soil excavated <br /> from a trenching operation. The soil is hazardous as verified <br /> by DHS sample analyses and has been stored on-site for at <br /> least two years. <br /> Violation 2 , 40 CFR 265.92 (c) (1) <br /> For all monitoring wells, the owner or operator must establish <br /> j initial background concentrations or values of all parameters <br /> specified in 40 CFR 265.92 (b) . He must do this quarterly for <br /> one year. <br /> II. Schedule for Correction <br /> Violation 1 shall be corrected within thirty (30) days of the <br /> receipt of this letter. All hazardous wastes shall be <br /> properly manifested and transported via licensed transporter <br /> to a permitted Class I landfill. <br /> Violation 2 shall be corrected immediately by the initiation <br /> of a quarterly sampling program. This program shall comply <br /> with Resource Conservation and Recovery Act (RCRA) <br /> requirements. <br /> Please send written certification, which contains the sample <br /> certification statement indicated on the enclosed sheet, to <br /> this office as soon as the above corrections have been <br /> completed. <br /> The Department will conduct a re-inspection of Marley Cooling <br /> Tower Company to verify compliance. <br /> The issuance of this Notice of Violation and Schedule for <br /> Compliance does not preclude DHS from taking administrative, <br /> civil, or criminal action as a result of the violations noted <br /> herein. <br /> III <br />