NORRISTOWN, BOROUGH OF

A Complaint and Notice of Right to Request a Hearing (“Complaint”) was filed by Region III pursuant to the Toxic Substances Control Act (“TSCA”) and the regulations implementing TSCA Section 6(e), 15 U.S.C. § 2605(e), as set forth at 40 C.F.R. Part 761, against the Borough of Norristown (“Respondent” or “Borough”). The Complaint alleges violations of the Polychlorinated Biphenyl (“PCB”) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions, 40 C.F.R. Part 761 Regulations (“PCB regulations”) at Respondent’s facility located at 235 East Street, Norristown, Pennsylvania (“the Facility”). Respondent is a municipal governmental entity located in Norristown which is under the jurisdiction of the Commonwealth of Pennsylvania. The Respondent owns and operates the Facility which serves as a Norristown municipal office building and utility shop. On September 26, 2007, EPA conducted a Compliance and Evaluation Inspection (“CEI”) at the Facility. The CEI revealed that the Borough could not provide evidence that it had conducted visual inspections of its one PCB Transformer for the calender years 2006, 2005, and 2004. Also the Borough did not maintain any documents regarding its PCB Transformer. The Facility is located in a mixed commercial and residential community. EPA proposes in the Complaint the assessment of a civil penalties up to the statutory maximums for the violations.