9/21/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY $2,000 DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON AUG 29, 2011, AN INSPECTION WAS CONDUCTED BY THE AL DEPT OF ENVIRONMENTAL MGMT (ADEM) AT RESPONDENT'S FACILITY IN THOMASVILLE, AL, TO DETERMINE COMPLIANCE WITH THE REGS.
AT THE TIME INSPECTION, INFO OBTAINED BY ADEM INDICATED THAT THE U.S. ARMY BUILT A RADAR TOWER AND INSTALLED A SUBSTATION IN 1959. THE INSTALLATION INCLUDED A SUBSTATION CONSISTING OF 3 LARGE ESCO TRANFORMERS AND 9 LARGE CAPACITORS. THE U.S. ARMY APPARENTLY DECOMMISSIONED THE RADAR DISH ANTENNA AND SOME EQUIPMENT PRIOR TO TURNING THE PROPERTY OVER TO THE STATE OF AL. THE CONCRETE TOWER, ELEVATOR AND THE SUBSTATION WERE LEFT IN PLACE.
AT THE TIME OF THE INSPECTION, ADEM OBSERVED 3 LARGE ESCO TRANSFORMERS AND 9 LARGE CAPACITORS (PCB ITEMS) MOUNTED ON A CONCRETE PAD AND WERE NOT IN SERVICE. THE PCB ITEMS WERE USED TO POWER MOTORS ON TOP OF THE TOWER THAT ROTATED THE RADAR ANTENNA ALONG WITH POWER FOR OPERATION. ALTHOUGH THE PCB CONCENTRATION WAS NOT KNOWN, ALL THE PCB ITEMS WERE ASSUMED TO CONTAIN PCB OIL IN CONNECTION GREATER THAN 500 ppm. ADEM DID NOT OBSERVE ANY DISREPAIR OR LEAKS.
EPA ISSUED RESPONDENT A NOTICE OF VIOLATION OF TSCA AND NOTICE OF OPPORTUNITY TO SHOW CAUSE ON MAY 11, 2012 FOR APPARENT PCB VIOLATIONS. THE RESPONDENT CONTACTED EPA ON MAY 16, 2012, TO REQUEST A DATE TO ATTEND A SHOW CAUSE MEETING. EPA REQUESTED THAT RESPONDENT PROVIDE WRITTEN INFO AND/OR DOCUMENTATION OF A