Pursuant to the provisions of the Alabama Environmental Management Act, the Alabama Department of Environmental Management is proposing to issue a Consent Order to Tricon Metals & Services, Inc., which operates a facility located at 2700 5^th Avenue South in Irondale, Jefferson County, Alabama.

The violation(s) consisted of failure to perform hazardous waste determinations; failure to obtain an EPA Identification Number; offering hazardous waste to transporters that do not have an EPA Identification Number and an Alabama Hazardous Waste Transport Permit; offering hazardous waste to disposal facilities that do not have an EPA Identification Number and an Alabama Hazardous Waste Facility Permit or interim status; failure to submit a correct and complete ADEM Form 8700-12 (including all appropriate attachment pages and fees) to the Department annually; offering hazardous wastes for transport without preparing a manifest; failure to inspect areas where hazardous waste containers are stored at least weekly; failure to mark hazardous waste containers with the appropriate accumulation start date; failure to mark hazardous waste containers with the words "Hazardous Waste" and the EPA hazardous waste number; failure to prevent and/or minimize unauthorized entry into the hazardous waste accumulation area; failure to post warning signs at the entrance to the hazardous waste accumulation area; failure to provide employees with hazardous waste training; failure to have a contingency plan; failure to determine if wastes are subject to land disposal restrictions; and failure to send a written land disposal restriction notice to each treatment or storage facility that received shipments of hazardous waste from the facility mentioned above.

The Department is proposing a civil penalty in the amount of $50,000. The Order, if issued, would require Tricon Metals & Services, Inc. to correct all violations above and operate in compliance with all applicable requirements of the ADEM Administrative Code, Division 14.

Interested persons may submit written comments, including a request for a hearing, within 30 day of the publication date of this notice to:

Alabama Department of Environmental Management

Attention: Wm. Gerald Hardy, Chief of the Land Division

P. O. Box 30l463

Montgomery, Alabama 36l30-l463.

This notice is hereby given July 11, 2008, by authorization of the Alabama Department of Environmental Management.