3/14/13 - CONSENT AGMT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $4,500, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON OR ABOUT NOV 8, 2011, AN INSPECTION WAS CONDUCTED BY EPA AT RESPONDET'S FACILITY TO DETERMINE COMPLIANCE WITH PCB REGS. AT THE TIME OF INSPECTION, THE FACILITY WAS IN OPERATION.
PURSUANT TO 40 CFR 761.40(a)(10), STORAGE AREAS USED TO STORE PCBs AND PCB ITEMS SHALL BE PROPERLY MARKED WITH A PCB Ml LABEL. IN 1990, THE RESPONDENT NOTIFIED EPA THAT IT WAS A PCB GENERATOR. RESPONDENT STORES ALL THEIR PCB ITEMS FOR DISPOSAL IN A DESIGNATED PCB STORAGE AREA. EPA INSPECTOR OBSERVED AN UNMARKED DRUM CONTAINING A PCB TRANSFORMER STORED IN THE PCB STORAGE AREA DURING THE INSPECTION. THE PCB STORAGE AREA WAS NOT PROPERLY MARKED WITH PCB ML LABEL. THEREFORE, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 CFR 761.40(a)(10).
PURSUANT TO 40 CFR 761.65(b) ALL PCB ITEMS DESIGNATED FOR DISPOSAL MUST BE STORED IN AN AREA WITH AN ADEQUATE ROOF, WALLS AND A NON-POROUS FLOOR WITH A MINIMUM 6-INCH CURBING. DURING THE INSPECTION, THE EPA INSPECTOR OBSERVED THAT SAWNEE EMC'S PCB STORAGE AREA DID NOT HAVE CONTINUOUS 6-INCH HIGH CURBING. THEREFORE, EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 761.65(b).
PURSUANT TO 761.65(c)(5), PCB ITEMS STORED FOR DISPOSAL SHALL BE CHECKED FOR LEAKS AT LEAST ONCE EVERY 30 DAYS. RECORDS OF INSPECTION, MAINTENANCE, CLEANUP AND DISPOSAL MUST BE MAINTAINED IN ACCORDANCE WITH 40 CFR 761.180(a). DURING THE INSPECTION, THE EPA INSPECTOR OBSERVED PCB