Violation of TSCA PCB regulations.
11/30/05 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $16,575, TO BE PAID IN THREE CONSECUTIVE MONTHLY INSTALLMENTS OF $5,525.00, $5,534.21, AND THE LAST PAYMENT AT $5,529.60, COMMENCING 30 DAYS OF THE EFFECTIVE DATE OF THIS CAFO.
FACTUAL ALLEGATIONS:
ON JUNE 16, 2005, AN INSPECTION WAS CONDUCTED AT RESPONDENT'S FACILITY. THE FOLLOWING VIOLATIONS WERE DETECTED:
PURSUANT TO SECTION 6(e) OF TSCA, AND THE REGULATIONS FOUND AT 40 CFR 761.40(a)(2), PCB TRANSFORMERS AT THE TIME OF REMOVAL FROM USE MUST BE MARKED WITH THE THE TSCA PCB LABEL.
RESPONDENT HAD ONE GENERAL ELECTRIC PCB TRANSFORMER WITH A PCB CONCENTRATION OF 994 ppm, CONTAINING 100 kg THAT HAD BEEN REMOVED FROM SERVICE ON MAY 31, 2005, FOR DISPOSAL. RESPONDENT FAILED TO HAVE A TSCA PCB LABEL ATTACHED TO THIS GE PCB TRANSFORMER, AS REQUIRED IN 40 CFR 761.40(a)(2).
PURSUANT TO SECTION 6(d) OF TSCA, AND THE REGULATIONS FOUND AT 40 CFR 761.40(j)(1), PCB TRANSFORMER LOCATIONS OR MEANS OF ACCESS TO A PCB TRANSFORMER SHALL BE MARKED WITH THE TSCA PCB LABEL.
RESPONDENT FAILED TO MARK THEIR DOORS LEADING TO THEIR GE PCB TRANSFORMER WITH THE TSCA PCB LABEL AS REQUIRED IN 40 CFR 761.40(j)(1).
PURSUANT TO SECTION 6(e) OF TSCA, AND THE REGULATIONS FOUND AT 40 CFR 761.40(a)(10), EACH PCB STORAGE AREA USED TO STORE PCBs AND PCB ITEMS FOR DISPOSAL IN EXISTENCE ON OR AFTER JULY 1, 1978, SHALL BE MARKED AS ILLUSTRATED IN FIGURE 1 IN SECTION 761.45(a).