The Arizona Department of Environmental Quality has issued a notice of violation to Thatcher Company of Arizona for the toxic chemical spill June 21 that caused many Buckeye residents to evacuate or shelter in place as an orange cloud drifted above the facility.
The ADEQ announced Friday that it has completed an onsite investigation at Thatcher's Buckeye plant where more than 10,460 pounds of toxic nitric acid leaked and caused a gaseous reaction. The investigation began June 28. The notice of violation issued by ADEQ in response to this event alleges "multiple infractions of federal and state environmental laws."
“This incident at Thatcher Company's facility was unacceptable. Releases of hazardous materials can endanger the health and safety of people and families living nearby,” ADEQ Waste Programs Division Director Julie Riemenschneider said in a statement. “We deeply appreciate the swift actions of the first responders who quickly stepped in to protect the community. ADEQ is committed to holding this facility accountable and working with them to help prevent future incidents. Our top priority is the safety and well-being of all Arizonans.”
InBuckeye has contacted Thatcher Company for comment. Previous calls were not returned.
WHAT'S IN THE VIOLATION NOTICE?
Below are key highlights and alleged violations of the notice issued by ADEQ to Thatcher Company of Arizona. The four core alleged violations are:
Violation No. 1: Incompatible fitting failure. Thatcher Company is not registered with ADEQ as a hazardous waste handler. During inspection, it was reported by staff that a fitting on one of three mixing tanks in the manufacturing room broke while a chemical product was being transferred to a truck. According to the violation notice, "Facility staff informed inspectors that the fitting failed because it was incompatible with the corrosive material in the tank."
Violation No. 2: Handling hazardous waste without a permit. In the manufacturing room at Thatcher, wash water used for cleaning accumulates in a trench that is transported to on-site "retention ponds." This wash water is routinely tested for pH and neutralized if needed before being sent for off-site disposal. During the ADEQ investigation, inspectors discovered through facility log books that the pH was often below 2.0, which made it a corrosive, hazardous waste. Thatcher is not permitted to treat hazardous waste. According to the notice, "manifests for Thatcher Company offered for transportation during January 2024 show the wash water exhibited hazardous characteristics for, corrosivity and toxicity due to its cadmium, chromium and lead content."
Violation No. 3: Storage of hazardous waste from the spill. Inspectors found four containers in the manufacturing room with hazardous waste recovered from the June 21 spill. With a pH of 1.1, the materials were highly toxic and corrosive. Thatcher does not have a permit to store such materials.
Violation No. 4: Release of chemicals, constituting unauthorized disposal. An ADEQ code categorizes the chemical spill as a "disposal of hazardous waste," which Thatcher Company is not permitted to authorize.
The notice also lists the following violations in a secondary section which alleged Thatcher failed to report itself as a large-quantity generator of hazardous waste:
Violation No. 1: Failure to accurately determine the facility generator status as a handler of hazardous material. Thatcher Company is a non-handler of hazardous material. The material leaked on June 21 was hazardous, putting the company in violation.
Violation No. 2: Failure to report large quantities of hazardous waste produced and pay registration fees. Thatcher Company is registered as a small-quantity generator of hazardous waste. However, inspectors found that the plant produced more than 1,000 kilograms of hazardous waste from January to March this year, making it a large-quantity generator. Thatcher would need to pay LQG registration fees for 2024 to correct this violation.
Violation No. 3: Failure to have and maintain a contingency plan and quick reference guide for large-quantity hazardous waste production. Because Thatcher is a large-quantity generator, it should have a contingency plan or quick-reference guide at the plant.
Violation No. 4: Noncompliance with large-quantity generator requirements including alerting local authorities. When a company like Thatcher is registered as a large-quantity generator of hazardous materials, it is required to comply with specific preparedness and prevention tasks. ADEQ inspectors allege that Thatcher failed to alert local authorities of its status including the police department, fire department, emergency response contractors and local hospitals.
Violation No. 5: Failure to provide weekly inspections of hazardous waste central accumulation areas. Large-quantity generators must document weekly inspections and Thatcher was unable to provide that documentation to inspectors during the investigation.
Violation No. 6: Failure to provide large-quantity generator training to personnel. Thatcher was unable to provide documentation or evidence showing that personnel were provided with the necessary program training required of large-quantity hazardous waste generators.
Violation No. 7: Failure to provide written notice to receiving facility. Thatcher was unable to provide inspectors with evidence that it sent a required one-time written notice to the facility receiving the hazardous waste that treatment standards were not met from January to March.
View the full notice of violation here.
WHAT'S NEXT?
If Thatcher Company of Arizona believes any of these violations are not accurate, it has 10 calendar days from the issuance of the notice to respond with evidence. Otherwise, it will be required to correct the violations within 30 days. Additionally, it has 15 days to appropriately dispose of the stored leftover waste from the June 21 unrest. Failure to comply with the violation notice would result in unilateral formal enforcement by the ADEQ including civil action, suspension or revocation of permits and licenses applicable to the violations.
“Hazardous waste facilities must adhere to the stringent safety protocols,” Riemenschneider said. “It is crucial for these facilities to have emergency planning, including notification to the local emergency authority. These requirements are designed to protect our communities and ensure that responses to potential hazards are swift and effective.”
