3/1/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $10,640 DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON OR ABOUT MARCH 30, 2011, AN INSPECTION WAS CONDUCTED BY EPA AT RESPONDENT'S FACILITY.
PURSUANT TO 40 CFR 761.40(a)(1), ALL PCB CONTAINERS SHALL BE MARKED WITH A PCB ML MARK. DURING THE INSPECTION, THE EPA'S INSPECTORS OBSERVED PCB CONTAINERS, INCLUDING BUCKETS, DRIP PANS, WASTE CONTAINERS, AND DRUMS IN THE TANK FARM AREA, THE STORAGE AREA AND THE LAB THAT DID NOT HAVE A PCB ML LABEL. THEREFORE, EPA ALLEGES THAT RESPONDENT VIOLATION 40 CFR 761.40(a)(1).
PURSUANT TO 40 CFR 761.40(c)(6), ALL PCB CONTAINERS SHALL BE CLOSED. DURING THE INSPECTION, THE EPA'S INSPECTORS OBSERVED PCB CONTAINERS IN THE TANK FARM AREA WHICH WERE OPEN. THEREFORE, THE EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 761.40(a)(1).
PURSUANT TO 40 CFR 761.40(a)(2), ALL PCB TRANSFORMERS SHALL BE MARKED WITH THE PCB ML MARKING. DURING THE INSPECTION, THE EPA'S INSPECTORS OBSERVED PCB TRANSFORMERS STORED FOR DISPOSAL IN THE DESIGNATED PCB STORAGE AREA AND ON THE TRAILER IN THE LOADING AREA WHICH DID NOT HAVE A ML MARK. THEREFORE, THE EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 761.40(a)(2).
PURSUANT TO CLEAN HARBORS APPROVAL REQUIREMENT B.7.a ADEQUATE AISLE SPACE WITHIN THE CONTAINER STORAGE AREA IN WAREHOUSE 2 MUST BE MAINTAINED AT ALL TIMES TO ALLOW ACCESS FOR PURPOSES OF INSPECTION AND SPILL RESPONSE FOR LEAKING CONTAINERS. DURING THE INSPECTION, THE EPA'S INSPECTORS OBSERVED THAT THE