BEFORE ‘THE DEPARTMENT OF ENVIRONMENTAL QUALITY STATE OF NORTH DAKOTA IN THE MATTER OF: NOTICE OF VIOLATION Healthcare Environmental Services, LLC; and MWTND GP, LLC and MWT ND, LP, d/b/a Monarch Waste Technologies Case No. 23-027 The North Dakota Department of Environmental Quality (“Department”) has reason to believe that the Healthcare Environmental Services, LLC (“Respondent Healthcare”); and MWT ND GP, LLC and MWT ND, LP, d/b/a Monarch Waste Technologies (collectively referred to as “Respondent MWT”) (all respondents collectively referred to as “Respondents”) have violated the state's solid waste management laws and rules. This Notice of Violation is not a final action of the Department. It neither imposes nor waives any enforcement action available to the Department under any of its statutes, If the Department determines that a formal enforcement action is appropriate, you will be notified of the action. APPLICABLE LAWS AND REGULATIONS 1. North Dakota Administrative Code (“N.D. Admin. Code”) art. 33.1-20 contains the rules adopted by the Department to implement North Dakota Century Code (“N.D.C.C.”) ch. 23.1-08. 2. N.D. Admin. Code § 33.1-20-01.1-04(1) states that “[a]ny person who owns or operates any premises, business establishment, or industry is responsible for the solid waste management activities, such as storage, transportation, resource recovery, or disposal, of solid waste generated or managed at that person’s premises, business establishment, or industry.” 3. ND. Admin, Code § 33.1-20-01.1-04(3) states that “[s]olid waste must be stored, collected, and transported in a manner that provides for public safety, prevents uncontrolled introduction into the environment, and minimizes harborage for insects, rats, or other vermin.” 4, N.D. Admin, Code § 33.1-20-02.1-01 states that “[e]very person who treats or transpoi ‘waste or operates a solid waste management unit or facility is required to have a valid permit by the department, unless the activity is an emergency, exemption, or exception as provided in this section.” See N.D.C.C. § 23.1-08-09(1) (permit required for solid waste disposal and transportation) 5. N.D. Admin, Code § 33.1-20-02.1-04 states that “[a]ll solid waste management facilities and activities must be performed, constructed, operated, and closed in a manner consistent with the permit application and subject to any modifications specified through permit conditions.” Page 1 of 1410. N.D. Admin. Code § 33.1-20-02.1-06 states that “[a]n applicant for a permit for a solid waste management unit or facility shall acquire or possess a right to the use of the property for which a permit is sought, including the access route thereto. After closure, the applicant shall maintain the right of access to the site throughout the postclosure period.” ND. Admin. Code § 33.1-20-12-02(6) states that “[rlecycled containers or devices such as carts used for the handling of wastes must be disinfected after each use. The disinfectant must be either an United States environmental protection agency registered disinfectant that is also tuberculocidal, for a contact time as specified by the manufacturer, an unexpired dated stablilized bleach product that is an United States environmental protection agency registered disinfectant that is also tuberculocidal, for a contact time and as specified by the manufacturer or materials necessary to prepare a minimum ten percent sodium hypochlorite solution prepared immediately prior to use with a minimum thirty minutes of contact time with the container.” The following permits are at issue in this Notice of Violation (“NOV”): Healthcare Environmental Services, LLC (Fargo Facility), Permit 0203, Issued September 19, 2019 and Expires September 19, 2024; Healthcare Environmental Services, LLC and MWT ND GP, LLC (Valley City Facility), Permit 0208, Issued December 23, 2022 and Expires December 23, 2027; and MWT ND GP, LLC (Fargo Facility), Permit 0392, Issued February 11, 2022 and Expires February 11, 2027. Relevant permit conditions from Permit 0203 include: F.2. Regulated infectious waste shall not be stored at the permitted facility for more than seventy-two (72) hours. If the regulated infectious waste will be stored for more than 72 hours, the Permittee must request a storage time limit extension from the Department. F.6. The facility shall be operated in full accordance with the approved Plan of Operation and the waste screening provisions. (NDAC Section 33.1-20-04.1-03)[.] Relevant permit conditions from Permit 0208 include: F.5. The facility shall be operated in full accordance with the approved Plan of Operation and the waste screening provisions. (NDAC Section 33[.1]-20-04.1-03) . .. G2. Regulated infectious waste shall not be stored at the permitted facility for more than seventy-two (72) hours unless storage is in a refrigerated trailer as outlined below. If the regulated infectious waste will be stored for more than seventy-two (72) hours, the waste must be placed for storage in a refrigerated trailer with the temperature in the trailer maintained at 40°F or less. Placement or transfer of such waste into a refrigerated trailer must occur prior to exceeding the storage time limit of seventy- two (72) hours. With reftigeration, the Permittee shall store waste for no more than a maximum of ten (10) days, including any storage time of the permitted seventy-two (72) hours of storage prior to placement or transfer for storage in a refrigerated trailer. (NDAC Subsections 33.1-20-12-02(4) and (5)) . Page 2 of 14G5. Hl ‘The facility shall be operated in full accordance with the approved Plan of Operation and the waste screening provisions. (NDAC Section 33.1-20-04.1-03)... ‘The Permittee shall maintain at the facility the following documents and all amendments, revisions, and modifications to these documents in accordance with NDAC Section 33.1-20-04.1-04, NDAC Section 33.1- 20-12-03, and the following sections: © Records of all waste items that are loaded and processed at the facility; Records of all scheduled and unscheduled shutdowns, mechanical issues that ‘would cause the system to go into an unexpected, forced shutdown mode, and any conditions that might cause a safety health risk to themselves or others; © Manifest records for all incoming medical waste received and rejected for at least five (5) years; * Personnel training documents and records (NDAC Section 33.1-20-04.1- o2f(1))s * Plan of Operation (NDAC Subsection 33.1-20-12-03(4)); ‘* Closure Plan (NDAC Subsection 33.1-20-04.1-05(5)); ‘© Operating Record (NDAC Subsection 33.1-20-04.1-04(2)); ‘* Inspection Logs (NDAC Subsection 33.1-20-04.1-03(2)); © A copy of the latest revision of the permit application (NDAC Subsection 33.1- 20-03.1-03(2)); ‘© Copies of annual reports (NDAC Subsection 33.1-20-04.1-04(3) and NDAC Subsection 33.1-20-12-03(3)); and * All other documents required by this permit and the approved Waste Acceptance Plan and Plan of Operationf.] 11, Relevant permit conditions from Permit 0392 include: ES. This permit is based on the premise that the information submitted by the Permittee is accurate and that the facility will be or has been constructed and will be operated ‘or has been as specified in the application and all related documents. Any inaccuracies or misrepresentations found in the application may be grounds for the termination or modification of this permit. The Permittee must inform the Department of any deviation from, or changes in, the information in the application which would affect the Permittee’s ability to comply with the applicable rules or permit conditions. (NDAC Subsection 33.1-20-02.1-07).... Page 3 of 14E.12 EM, E.l7. F3, FA, FS, G2. G3. The Permittee shall design, close, maintain, and operate the facility in a manner to minimize the possibility of a fire, explosion, or any unplanned sudden or nonsudden, release of solid waste or solid waste constituents to air, soil, groundwater or surface ‘water which could threaten human health or the environment. (NDAC Subsection 33.1-20-04.1-02)... All personnel involved in solid waste handling and in the facility operation or monitoring must be provided a copy of this permit and shall be instructed in specific procedures to ensure compliance with the permit, the facility plans and the state rules as necessary to prevent accidents and environmental impacts. Documentation of training such as names, dates, description of instruction methods and copies of certificates awarded must be placed in the facility’s operating record. (NDAC Subsection 33.1-20-04.1-02)... The Permittee shall complete the Department’s Waste Rejection Report (SFN 60120) and notify the Department within five (5) days of any wastes rejected and not accepted by the facility. (NDAC Subsection 33.1-20-04.1-02(8)) . . . The facility and waste handling areas shall be maintained in a clean and nuisance- free condition at all times. The handling of wastes shall be strictly controlled to eliminate odors, harboring of insects and rodents, scattering of materials by the wind, or interference with the operation of the facility. (NDAC Subsection 33[.1]- 20-04.1-06) The facility shall implement measures to minimize the potential for accidents including, but not limited to, safety issues due to vehicles backing into the facility, ‘workers or the public falling, and other safety and environmental issues as needed. (NDAC Subsection 33[.1]-20-04.1-03(1)() The facility shall be operated in full accordance with the approved Plan of Operations and the waste screening provisions. (NDAC Subsection 33{.1]-20-04.1-03 and NDAC Subsection 33[.1]-20-12-03(4)) Regulated infectious waste shall not be stored at the permitted facility for more than seventy-two (72) hours unless storage is ina refrigerated trailer as outlined below. If the regulated infectious waste will be stored for more than seventy-two (72) hours, the waste must be placed for storage in a refrigerated trailer with the temperature in the trailer maintained at 40°F or less. Placement or transfer of such waste into a reftigerated trailer must occur prior to exceeding the storage time limit of seventy- two (72) hours. With reftigeration, the Permittee shall store waste for no more than a maximum of ten (10) days, including any storage time of the permitted seventy-two (72) hours of storage prior to placement or transfer for storage in a refrigerated trailer. (NDAC Subsection 33.1-20-12-02(4) and (5) ‘The facility shall be maintained in a clean and nuisance-free condition at all times. Page 4 of 14Ga. Gs H2, ‘Waste stored at the facility shall be maintained in a nonputrescent state. Any waste which becomes putrescent must be immediately refrigerated, frozen or removed from the facility. (NDAC Subsection 33.1-20-04.1-06) This permit does not authorize any storage, stockpiling, discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or other waste- related material into or on any land or water including groundwater. Containers used for the storage of waste must be in accordance with NDAC Subsection 33.1- 20-01.1-04.1(1). Waste must be contained in accordance with the approved Plan of Operation. ‘The facility shall be operated in full accordance with the approved Plan of Operation and the waste screening provisions. (NDAC Subsection 33.1-20-04.1-03) .. The Permittee shall maintain at the facility the following documents and all amendments, revisions, and modifications to these documents in accordance with NDAC Section 33.1-20-04.1-04, NDAC Section 33.1-20-12-03, and the following sections: © Records of all waste items that are loaded and processed through the pyrolysis system; «Records of all scheduled and unscheduled shutdowns, mechanical issues that ‘would cause the system to go into an unexpected, forced shutdown mode, and any conditions that might cause a safety health risk to themselves or others; ‘© Manifest records for all incoming medical waste received and rejected for at least five (5) years; Personnel training documents and records (NDAC Subsection 33.1-20-04.1- O2{(1))s © Plan of Operation (NDAC Subsection 33.1-20-04.1-03); ‘© Closure Plan (NDAC Subsection 33.1-20-04.1-05(5)); ‘© Operating Record (NDAC Subsection 33.1-20-04.1-04(2));, * Inspection Logs (NDAC Subsection 33.1-20-04.1-03(2)); © A.copy of the latest revision of the permit application (NDAC Subsection 33.1-20-03.1-03(2)); ‘© Copies of annual reports (NDAC Subsection 33.1-20-04.1-04(3)); and + All other documents required by this permit and the approved Waste Acceptance Plan and Plan of Operation] Page 5 of 1412. N.D. Admin, Code § 33.1-20-02.1-06 states that “[a]n applicant for a permit for a solid waste management unit or facility shall acquire or possess a right to use of the property for which a permit is sought, including the access route thereto. After closure, the applicant shall maintain the right of access to the site throughout the postclosure period.” 13, N.D. Admin, Code § 33.1-20-04,1-02(1) states that “alll personnel involved in solid waste handling and in the facility operation or monitoring must be instructed in specific procedures to ensure compliance with the permit, the facility plans, and this article as necessary to prevent accidents and environmental impacts. Documentation of training such as names, dates, description of instruetion methods, and copies of certificates awarded, must be placed in the facility’s operating record.” 14. N.D. Admin. Code § 33.1-20-04.1-02(7) states that “{a} permanent sign must be posted at the entrance of a facility, or at the entrance of a solid waste management unit used by a facility for wastes generated onsite...” 15. N.D. Admin, Code § 33.1-20-12-02(5)(a) states that “[a]ll containers and enclosed areas for storage of solid waste must be maintained in good repair and ina manner as necessary to-prevent litter, nuisances, odors, insect breeding and rodents.” 16.N.D. Admin, Code § 33.1-20-12-02(7) states that “[aJll regulated infectious waste must be incinerated or disinfected and sharps that are not incinerated must be rendered nonsharp before disposal. Incineration and disinfection equipment and facilities shall meet the requirements of article 33.1-15 and this article.” 17. N.D, Admin, Code § 33.1-20-12-02(14)(b) states that “[alll residues must be controlled and stored in a manner that does not constitute a fire or safety hazard or a sanitary nuisance.” 18,N.D. Admin, Code § 33.1-20-12-03(2) states that “[plermitted regulated infectious waste treatment facilities receiving regulated infectious waste from others for treatment shall maintain a Jog indicating the approximate quantities of regulated infectious waste received; the date of receipt; and the name and address of the generator from whom the waste was received, operating parameters, and results of any tests run to verify disinfection. The logs shall be maintained for a period of three years.” PENALTIES 19, N.D.C.C. § 23.1-08-23(1) provides that any person who violates N.D.C.C. ch. 23.1-08, “[o}r any permit condition, rule, order, limitation, or other applicable requirement implementing this chapter, is subject to a civil penalty not to exceed twelve thousand five hundred dollars per day per violation.” PRELIMINARY FACTUAL FINDINGS 20, Respondent Healthcare is a North Dakota limited liability company in the business of regulated infectious waste treatment and transportation. Its principal office is at 801 Broadway North, Fargo, North Dakota 58102. 21. Respondent MWT ND GP, LLC, is a Delaware limited liability company in the business of regulated infectious waste treatment. Its principal office is at 8235 Douglas Ave, Suite 720, Dallas, Page 6 of 1422. 23. 24. 25. 26. 27. 28. 29. Texas 75225-6007. Respondent MWT ND, LP, is a Delaware limited partnership in the business of regulated infectious waste treatment. Its principal office is at $235 Douglas Ave, Suite 720, Dallas, Texas 75225-6007. The General Partner of Respondent MWT ND, LP is Respondent MWT ND GP, LLC. The fictitious partnership name of Monarch Waste Technologies is owried by Respondent MWT ND, LP. Respondents own and/or operate a regulated infectious waste treatment and transfer station located at 1420 40% Street Northwest, Fargo, Cass County, North Dakota (the “Fargo Facility”). . Respondents also own and/or operate a regulated infectious waste treatment and transfer station located at 1019 4" Avenue Southwest, Valley City, Barnes County, North Dakota (the “Valley City Facility”). Respondents are subject to N.D.C.C. ch. 23.1-08 and the rules promulgated thereunder. Respondents have Solid Waste Management Permits for treating regulated infectious waste at the Facilities as follows: Healthcare Environmental Services, LLC (Fargo Facility), Permit 0203, Issued September 19, 2019 and Expires September 19, 2024; Healthcare Environmental Services, LLC and MWT ND GP, LLC (Valley City Facility), Permit 0208, Issued December 23, 2022 and Expires December 23, 2027; and MWT ND GP, LLC (Fargo Facility), Permit 0392, Issued February 11, 2022 and Expires February 11, 2027. On March 15, 2023, Department inspectors conducted inspections of the Facilities after receiving a complaint that Respondent MWT was not processing waste within seventy-two (72) hours as. required by Permit 0392. During the March 15, 2023 inspection of Respondent MWT’s Fargo Facility (Permit 0392), Department inspectors found the following: «The facility sign did not include all the required information, lity maintained char, a waste residue from the pyrolysis unit, in a roll-off spection, char was located outside of the roll-off container and there was no cover. A tarp was located next to the roll-off container. * Sharps could be seen inside the char roll-off container and sharps had not been fully encapsulated. Fargo Facility plans state that the sharps would be fully encapsulated in the char to render them nonsharp. Sharps that were observed at this time would not be considered rendered nonsharp. + The Fargo Facility failed to provide records showing that waste was stored at the facility for seventy-two (72) hours or less. Fargo Facility staff stated there is no refrigeration at the site, so waste is not allowed to be held for more than seventy-two (72) hours. © Department approved plans require all records are kept at the Fargo Facility for inspection. Page 7 of 14During the inspection, waste destruction/treatment records, training documents, annual reports, char disposal records, and waste rejection reports were not available. «Respondent MWT personnel at the Fargo Facility were not instrueted in specific procedures to ensure compliance with the permit, the Fargo Facility plans, and the North Dakota Administrative Rules (“Rules”). Respondent MWT personnel present during the inspection could not answer questions asked and were unaware of Rules or plans for the Fargo Facility «Respondent MWT personnel informed Department inspectors that they had rejected a “torso” (“pathological waste”) for treatment. No waste rejection report was filed with the Department prior to the inspection. Any body parts are considered pathological waste as defined in N.D. Admin. Code § 33.1-20-12-01(1}(b). © A review of the Fargo Facility’s plans identified areas of noncompliance, including: © Failing to use the approved waste acceptance protocol sheets; © Failing to make certifications of destruction as required by the Fargo Facility’s plans, © Failing to haul char for disposal every two weeks or when the dumpster was full, whichever came first, as required by the Fargo Facility’s plans. «Respondent MWT was not operating its Fargo Facility in accordance with Permit 0392 30. During the March 15, 2023 inspection at the Fargo facility (Permit 0203), Department inspectors found the following: «The facility sign did not include all the required information © Respondent Healthcare was not conducting any waste activities at the Fargo Facility. Respondent Healthcare advised it no longer had access to the building and, therefore, transferred its waste to the Valley City Facility. + Respondent Healthcare was not operating its Fargo Facility in accordance with Permit 0203, 31. During the March 15, 2023 inspection at the Respondents Valley City Facility (Permit 0208), Department inspectors found the following: * A facility sign was not present. + The Valley City Facility was not following Department approved plans, as the autoclave was inoperable and wastes could not be treated at the facility. ‘© Records are not maintained at the Valley City Facility as required in the recordkeeping s of the Department approved plans. ‘* Sharps were not being properly managed at the Valley City Facility. Sharps were treated but Page 8 of 1432. 33. 34. were waiting to be rendered nonsharp. The roll-off container holding the sharps was almost overflowing, © Waste tracking records could not show that waste was being treated within seventy-two (72) hours of being accepted at the Valley City Facility. There was also a backlog of waste that had been at the site since September ~ December 2022 and January ~ February 2023. © Respondent Healthcare advised the Department it removed Respondent MWT as tenant and operator of the Valley City Facility due to not properly operating the facility «Respondents were not operating the Valley City Facility in accordance with Permit 0208 On March 21, 2023, a Cease and Desist Notification was sent to Respondent MWT for the Fargo Facility (Permit 0392) requesting a cease and desist of all activities in violation of Permit 0392 Respondent MWT was given until March 27, 2023 to correct any violations, with a follow-up inspection to determine if the violations had been corrected to be conducted thereafter. On March 22, 2023, Respondent MWT responded via e-mail to the Cease and Desist Notification The email included the Fargo Facility’s training binder, pictures of the updated sign, and a Department Waste Rejection Report form indicating rejection of a “Human Body ~ entire upper torso to right above knee. 270 Ibs.” On March 28, 2023, Department inspectors conducted a follow-up inspection of Respondent MWT’s Fargo Facility (Permit 0392) and found the following: © The Fargo Facility sign included all required information. © Char was maintained in a roll-off container outside the Fargo Facility. At the time of the inspection, the roll-off container was covered with a tarp. © The Fargo Facility failed to provide documentation to show that waste was being stored at the facility for seventy-two (72) hours or less. The Fargo Facility stated that it could provide the records via e-mail, ‘* Department approved plans require all records be kept at the Fargo Facility for inspection. During the inspection, only some of the records were available on site, such as the annual reports and training documents. The waste destruction/treatment records were not available. ‘* Respondent MWT’s personnel at the Fargo Facility were not instructed in specific procedures to ensure compliance with the permit, the Fargo Facility plans and the Rules. Respondent MWT’s personnel present during the inspection could not answer questions or were unaware ‘of Rules or plans for the Fargo Facility. Respondent MWT’s Fargo Facility personnel stated they were trained on the pyrolysis unit and training records were provided. © Areview of the Fargo Facility’s plans identified areas of noncompliance, including: © Failure to use the approved waste acceptance protocol sheets; © Failure to make certifications of destruction as required by the Fargo Facility’s plans; Page 9 of 14© Failure to haul char for disposal every two weeks or when the dumpster was full, whichever came first, as required by the Fargo Facility’s plans. 35, On March 28, 2023, Department inspectors conducted a follow-up inspection of the Respondents’ Valley City Facility (Permit 0208) and found the following: ‘+ The door was locked, and neither Respondents’ Valley City Facility personnel were onsite. ‘The Department inspectors did not enter the facility. © An adequate sign was not posted. 36. On March 28, 2023, Respondent MWT sent, via e-mail, the following documents that were requested during the follow-up inspection: 2022 waste manifests, 2022 waste treatment certificates, 2023 waste manifests, and 2023 waste treatment certificates. It was noted in the email that there were pallets containing yellow waste containers (chemo waste) located in the transfer station and that the waste was not Respondent MWTs for processing at the Fargo Facility. Respondent MWT indicated that it was Respondent Healthcare's waste. 37.On May 8, 2023, Respondent MWT asked via email if the Department had any follow-up information as to the final disposal location of the pathological waste after it was rejected by Respondent MWT. Respondent MWT stated on the Waste Rejection Report that Respondent Healthcare had taken the pathological waste for disposal. On May 24, 2023, the Department had a conference call with Respondent MWT to discuss the Waste Rejection Report. Respondent MWT again stated it rejected the pathological waste and the Respondent Healthcare had taken the pathological waste, 38. On June 2, 2023, the Department contacted Respondent Healthcare to request more information regarding the Waste Rejection Report, as it generated the pathological waste. Respondent Healthcare stated the pathological waste came from its biology skills lab and was being used in teaching new clinicians. Respondent Healthcare stated the pathological waste was delivered on February 20, 2023 to the Fargo Facility. Respondent Healthcare stated the bin containing the pathological waste was moved in and out of the building daily through March 8, 2023 by Respondent MWT. Respondent Healthcare stated as of March 8, 2023, it no longer had access to Respondent Healthcare’s Fargo Facility and it did not know what happened to the pathological waste, as it was not contacted by Respondent MWT to pick up the rejected pathological waste. Respondent Healthcare stated that the pathological waste was not processed at the Respondents Valley City Facility (Permit 0208) and the pathological waste was not sent out of state for treatment by Respondent Healthcare. 39. On June 2, 2023, Respondent MWT contacted the Department to follow-up on the waste rejection of the pathological waste. It included the original transportation manifest for the pathological waste and a photo. Respondent MWT stated that the pathological waste came from the Sanford Broadway Hospital, per the waste manifest. Respondent MWT also stated the transporter signed for Sanford Broadway Hospital, and the generator did not sign to release the pathological waste. Respondent MWT stated it did not sign for the acceptance of the pathological waste at Respondent MWT’s Fargo Facility (Permit 0392), and that it placed the pathological waste in the refrigerated trailer. The next time Respondent MWT’s Fargo Facility personnel went into the refrigerated trailer, Page 10 of 14the pathological waste was gone and Respondent MWT does not know its whereabouts. 40. On June 30, 2023, Department inspectors conducted follow-up inspections of the Facilities. 41. During the June 30, 2023 inspection of Respondent MWT’s Fargo Facility (Permit 0392), Department inspectors found the following: ‘+ The Fargo Facility failed to provide records showing that waste was stored at the facility for seventy-Iwo (72) hours or less. Fargo Facility staff stated there is refrigeration at the site; however, they could not provide records showing which waste is refrigerated so it was not clear if they were treating the waste in compliance with the time frames. Waste that is not refrigerated must be treated or transferred within seventy-two (72) hours. Waste that is refrigerated must be treated or transferred within ten (10) days. * Respondent MWT personnel at the Fargo Facility was not instructed in specific procedures to ensure compliance with the permit, the Fargo Facility plans, and the Rules. Respondent MWT personnel present during the inspection could not answer questions asked and were unaware of Rules or plans for the Fargo Facility. A review of the Fargo Facility’s plans identified areas of noncompliance, including: © Failing to use the approved waste acceptance protocol sheets; © Failure to provide records that all waste is treated or transferred within the allowable time frames of either seventy-two (72) hours for unrefrigerated waste or ten (10) days for refrigerated waste; and © Failure to properly disinfect recyclable containers. * Respondent MWT was not operating its Fargo Facility in accordance with Permit 0392. 42, During the June 30, 2023 inspection at the Fargo Facility (Permit 0203), Department inspectors found the following: * A facility sign was not present, * Respondent Healthcare was not conducting any waste activities at the Fargo Facility. Respondent Healthcare advised it no longer had access to the building and, therefore, transferred its waste to the Valley City Facility * Respondent Healthcare was not operating its Fargo Facility in accordance with Permit 0203. 43. During the June 30, 2023 inspection at the Respondents Valley City Facility (Permit 0208), Department inspectors found the following: «A facility sign was not present. Page 11 of 14JLEGED VIOLATIONS 44, Respondents did not properly handle solid waste treated at the Facilities in violation of N.D. Admin. Code § 33.1-20-01.1-04(1), 45. Respondents did not store, collect, or transport solid waste in a manner to provide public safety or prevent uncontrolled introduction into the environment in violation of N.D. Admin, Code § 33.1- 20-01.1-04(3). 46, Respondent Healthcare did not have access to the Fargo Facility (Permit 0203) in violation of N.D. Admin. Code § 33.1-20-02.1-06. 47. Respondent MWT did not have access to the Valley City Facility (Permit 0208) in violation of N.D. Admin. Code § 33.1-20-02.1-06. 48, Respondents did not have an adequate sign at the Facilities in violation of N.D. Admin. Code § 33.1-20-04.1-02(7). 49. Respondent MWT failed to instruct personnel at Respondent MWT’s Fargo Facility (Permit 0392) specific procedures to ensure compliance with Permit 0392, the Facility plans and the Rules as necessary to prevent accidents and environmental impacts in violation of N.D. Admin. Code § 33.1- 20-02.1-04 and Permit Condition E.14. 50, Respondents are not processing regulated infectious waste within seventy-two (72) hours of receipt at the Facilities in violation of N.D. Admin, Code § 33.1-20-02.1-04, Permit 0203 Permit Condition F.2, Permit 0208 Condition G.2, and Permit 0392 Condition G.2. 51. Solid waste treated at the Facilities was not being treated according to each Facility’s plans in violation of N.D. Admin. Code § 33.1-20-04.1-02(1), 52. Residues left from the treatment process at Respondent MWT’s Fargo Facility (Permit 0392) were not stored in a manner to prevent litter, nuisances, odors, insect breeding, and rodents in violation of N.D. Admin. Code § 33.1-20-12-02(5)(a) and Permit 0392 Conditions F.3, G.3 and G.4. 53, Residues left from the treatment process at Respondent MWT’s Fargo Facility (Permit 0392) were stored in a manner that could constitute a fire or safety hazard or a sanitary nuisance in violation of N.D. Admin, Code § 33.1-20-12-02(14)(b) and Permit 0392 Condition E.12. 54, Respondent MWT is not rendering sharps that are not fully encapsulated in the char nonsharp at Respondent MWT’s Fargo Facility Permit 0392) in violation of N.D. Admin. Code § 33.1-20-12-02(7) and Permit 0392 Condition F.4. 55, Respondents are not maintaining the operatingrecords at the Facilities (Permit 0208 and Permit 0392) in violation of N.D. Admin, Code § 33.1-20-12-03(2), Permit 0208 Condition H.1, and Permit 0392 Condition H.2. 56. Respondents are not operating the Facilities (Permit 0203, Permit 0208, and Permit 0392) in Page 12 of 14accordance with their approved Plan of Operations in violation of Permit 0203 Condition F.6, Permit 0208 Condition F.5 and G.5 and Permit 0392 Conditions F.5 and G.5. 57. Respondent MWT is not operating Respondent MWT’s Fargo Facility (Permit 0392) in accordance with the permit application that was submitted to the Department on December 13, 2021 in violation of Permit 0392 Condition E.5. 58. Respondent MWT failed to submit a Waste Rejection Report to the Department within 5 days of ‘ing pathological waste in violation of Permit 0392 Condition E.17. 59, Respondent MWT failed to properly disinfect recycled containers in violation of N.D, Admin. Code § 33.1-20-12-02(6). RESPONSE REQUESTED Please respond to this Notice of Violation by August 24, 2023. Include in your response: a. an explanation of the circumstances that led to the alleged violations, including but not limited to: b. i iii, Any records regarding the rejected pathological waste including: Where the waste originated from (generator); The date the waste was picked up, delivered, and rejected; The location where the waste was picked up, delivered and rejected; The name of the generator and the waste transporter, and What happened to the waste upon rejection, including when the generator ‘was notified, the name of the generator that was notified, date the waste was picked up, and final disposal location of the waste. Which Facilities are accessible by each Respondent and, if Respondent does not have access to a Facility, the details as to why it does not have access and when and by whom that access was denied. Regarding the pallets of yellow waste containers (chemo waste) (“waste”) observed during the Department’s March 15 and 28, 2023 inspections, provide: peeps The name of any waste generators; ‘The name of any waste transporters; The date(s) the waste arrived at the Fargo Facility (Permits 0203 and 0392); ‘Who had custody of the waste from delivery to present; and ‘The date(s) the containers were treated or transferred to another facility for treatment. the corrective actions that you have taken; and what you will do to ensure future compliance Page 13 of 14The Department has not made a final decision on enforcement. Your response will help the Department determine its options. PLEASE DIRECT ALL INQUIRIES TO: Diana Trussell, Manager Solid Waste Program Division of Waste Management 4201 Normandy Drive Bismarck, ND 58503 jh Dated at Bismarck, North Dakota, this 2/day of July, 2023 FOR THE DEPARTMENT DEQ Non-discrimination Statement ‘The NDDEQ will consider every request for reasonable accommodation to provide an accessible meeting facility or other accommodation for people with disabilities, language interpretation for people with limited English proficiency (LEP), and translations of written material necessary to access programs and information. To request accommodations, contact the NDDEQ Non-discrimination Coordinator at 701- 328-5150 or degEJ@nd.gov. TTY users may use Relay North Dakota at 711 or 1-800-366-6888. Page 14 of 14