Summary of ODEQ Permitting and Legal Activities Regarding Chief Supply

1984 Original Hazardous Waste permit issued
1987 Air Quality inspection determined Chief too small to need Air permit
1989 Air Quality inspection determined growth at Chief now required an Air permit
1989 OSDH (predecessor to DEQ) files District Court case in Wagoner County for improper disposal of hazardous waste
7-12-1989 Chief makes initial application for Air Quality Permit
1-15-1990 Response form Air Quality to Chief, inadequate permit application
4-26-1991 Notice of Violation sent to Chief due to no progress on air permit application
1992 OSDH issues Administrative Order for hazardous waste storage violations and shipment of hazardous waste to unpermitted landfill
1-14-1993 Settlement of 89 and 92 actions, Chief pays $115,00 in fines
7-6-1993 Chief submits application for Air Quality Construction permit
8-13-1993 Chief enters into a Consent Agreement and Final Order (CAFO), and agrees to provide Air Quality with the information necessary to issue an air permit; including accurate listing of sources, emissions, operating procedures to minimize emissions, and to prevent them from modifying the facility without notifying DEQ. Information supplied previously was not sufficient and OSDH/DEQ had attempted for some time to get necessary information. Monthly progress reports are now required of Chief.
1993 Current Hazardous Waste permit issued, increased drum storage capacity, added a new dryer system, and provided a large container storage facility
1994 Permit modification approved, adding a dryer and increasing storage capacity
1994 Shredder fire at Chief, causes fire suppression system to be installed on the shedder later that year
11-1994 DEQ begins investigation of volume of hazardous waste on premises
1-1995 DEQ and Chief enter into CAFO which included coverage of: a definition of "recycling", submission of air quality permit application, insertion of solid waste management provisions, reduction of the volume of on-site waste by 7-95 - $150,000 fine (unpaid). In addition, failure of Chief to comply with 1993 CAFO with Air Quality was also addressed.
3-1995 Warning by DEQ to Chief to reduce waste
4-11-1995 Chief rescinds 1993 Air Quality Construction Permit
6-12-1995 Warning by DEQ to Chief to reduce waste
6-19-1995 DEQ issues Summary Suspension of Chief’s permit
6-20-1995 Air Quality issues Administrative Penalty to Chief for violations of 1995 CAFO, $31,000 fine (unpaid)
7-19-1995 Chief appeals suspension to Administrative Law Judge, DEQ prevails
7-27-1995 Chief appeals suspension to Executive Director, DEQ prevails
8-10-95 DEQ issues Final Order to Suspend Chief’s permit
8-14-1995 Chief appeals suspension to District Court in Wagoner County, Court stays the suspension without a hearing, case transferred to Creek County District Court
9-8-1995 Hearing on suspension in Creek County District Court, Court mediates and rules to reinstate permit with stipulations; these stipulations can be brought before the court in later hearings for ruling
10-1995 Chief makes application for Air Quality Operating Permit
Spring 1996 Agreement between DEQ and Chief on historic non-hazardous waste issues
3-1996 EPA revokes Chief’s approval as an off-site processor of CERCLA waste
9-1996 Hearing before Creek County District Court on procedures for disposal of future non-hazardous waste. Court ruled in DEQ’s favor, that Chief must comply with previous agreement. Other issues remain to be heard by the Court.
12-5-1996 Chief submits another application for an Air Quality operating permit based on changes at facility
11-1996 Chief requests permit modification to all waste codes not currently permitted
1-23-1996 Chief presents DEQ with general outline of plan for facility changes
1-30-1997 DEQ approves Chief’s plan for non-hazardous waste removal and clean- up of related spills
2-10-1997 Chief submits another application for a different Air Quality construction permit based on proposed modifications to facility
4-1997 DEQ notifies Chief that since permit and permit modification requests were predicated on conditions at the facility, and since those conditions not longer exist, that the permit and modification requests are no longer valid.
4-24-1997 DEQ applies to Creek County District Court for a Temporary Restraining Order to keep Chief from resuming operations. Order denied by Court.
5-6-1997 DEQ applies to Creek County District Court for a Temporary Injunction to keep Chief from resuming operations.
5-15-1997 Creek County District Court denies injunction, but required Chief to finish the cleanup, get certification of equipment, changes its practices on debris, and operate according to a DEQ approved plan.
5-22-1997 DEQ inspectors assist FBI search at Chief
5-27-1997 EPA issued a "7003 Order" with cooperation from DEQ. The order contains similar information and is comparable to the DEQ’s Temporary I Injunction request
6-13-1997 DEQ files appeal of injunction denial with Oklahoma Supreme Court based on failure of Chief to have an air quality permit.