9/7/11 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,290, DUE WITHIN 30 DAYS.
SPECIFIC ALLEGATIONS:
ON OR ABOUT AUG 4, 2010, AN INSPECTION WAS CONDUCTED BY A REPRESENTATIVE OF EPA AT THE RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH REGS PROMULGATED UNDER TSCA SECTION 6(e) PERTAINING TO PCBs.
PURSUANT TO 40 CFR 761.40(a)(1), ALL PCB CONTAINERS SHALL BE MARKED WITH A PCB Ml LABEL. ONE 15-GALLON DRUM DID NOT HAVE APPRORPIATE LABEL. THEREFORE, EPA ALLEGES RESPONDENT VIOLATED 40 CFR 761.40(a)(1).
PURSUANT TO 40 CFR 761.180(b), A WRITTEN ANNUAL DOCUMENT LOG SHALL BE PREPARED AND MAINTAINED FOR AT LEAST 3 YEARS. THE ANNUAL DOCUMENT LOGS FOR 2007, 2008, AND 2009 WERE REQUESTED FOR REVIEW DURING INSPECTION. NO ANNUAL DOCUMENT LOGS WERE MADE AVAILABEL DURING INSPECTION. THEREFORE, EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 761.180(b).
PURSUANT TO 40 CFR 761.207, A GENERATOR WHO RELINQUISHES CONTROL OVER PCB WASTE BY TRANSPORTING PCB WASTE FOR COMMERCIAL OFF-SITE STORAGE SHALL PREPARE A MANIFEST ON THE EPA FORM 8700-22 AND, IF NECESSARY, A CONTINUATION SHEET. NO MANIFEST WAS PROVIDED DURING THE INSPECTION. THEREFORE, EPA ALLEGES RESPONDENT VIOLATED 40 CFR 761.207.