12/8/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $11,000 DUE WITHIN 30 DAYS.
SPECIFIC ALLEGATIONS:
ON OR ABOUT JAN 14, 2010, AN INSPECTION WAS CONDUCTED BY ADEM AT RESPODNENT FACILITY TO DETERMINE COMPLIANCE WITH PCB REGULATIONS.
40 CFR 761.65(a)(1) REQUIRES FACILITIES TO COMPLETE DISPOSAL OF PCB ITEMS (SUCH AS TRANSFORMERS) IN STORAGE WITHIN 1 YR). 10 TRANSFORMERS, INCLUDING 9 PCB-CONTAMINATED TRANSFORMERS AND 1 PCB TRANSFORMER THAT HAD BEEN IN STORAGE WERE NOT DISPOSED OF WITHIN 1 YR. THEREFORE, RESPONDENT VIOLATED 40 CFR 761.65(a)(1).
40 CFR 761.65(b)(1)(iv) REQUIRES PCB STORAGE AREAS TO HAVE FLOORS AND CURBING WHICH PREVENT OR MINIMIZE PENETRATION OF PCBs. RESPONDENT'S PCB STORAGE BLDG HAD AN UNSEALED CRACK IN THE FLOOR. THEREFORE, RESPONDENT VIOLATED 40 CFR 761.65(b)(1)(iv).
40 CFR 761.65(c)(5) REQUIRES INSPECTION OF PCB ITEMS IN STORAGE FOR LEAKS AT LEST ONCE EVERY 30 DAYS AND TRANSFER OF ANY LEAKING PCB ITEMS AND THEIR CONTENTS TO NON-LEAKING CONTAINERS. RESPONDENT FAILED TO INSPECT 3 PCB-CONTAMINATED TRANSFORMERS. 2 TRANSFORMERS [ASSUMED TO BE PCB-CONTAMINATED PER 40 CFR 761.2(a)(2)] WERE LEAKING AND THE DIELECTRIC FLUID FROM THESE TRANSFORMERS WERE NOT TRANSFERRED TO NON-LEAKING CONTAINERS. ALL LEAKING TRANSFORMERS DISCUSSED HEREIN WERE LOCATED INSIDE THE PCB STORAGE BLDG. THEREFORE, RESPONDENT VIOLATED 40 CFR 761.65(c)(5).
40 CFR 761.180(a) REQUIRES CERTAIN FACILITIES TO DEVELOP AND MAINTAIN A WRITTEN ANNUAL DOCUMENT LOG. THIS IN