1/22/14 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $$7,234, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON OR ABOUT OCT 30, 2012, AN INSPECTION WAS CONDUCTED AT RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH THE PCB REGS. DURING THE INSPECTION, RESPONDENT WAS STORING 24 LARGE PCB CAPACITORS TOTALING LESS THAN 220 GALLONS OF PCB FLUID.
40 CFR 761.65(a)(1) REQUIRES THAT ANY PCB WASTE MUST BE DISPOSED OF AS REQUIRED BY SUBPART D OF THE PCB REGS WITHIN 1 YEAR FROM THE DATE IT WAS DETERMINED TO BE PCB WASTE AND THE DECISION WAS MADE TO DISPOSE IT. DURING THE INSPECTION, RESPONDENT COULD NOT PROVIDE ANY DOCUMENTATION TO PROVE HOW LONG THE 24 LARGE PCB CAPACITORS HAD BEEN STORED ONSITE. THEREFORE, RESPONDENT VIOLATED 40 CFR 761.65(a)(1).
40 CFR 761.65(c)(8) REQUIRES THAT PCB ITEMS BE MARKED WITH THE DATE WHEN THEY WERE REMOVED FROM SERVICE FOR DISPOSAL. AT THE TIME OF THE INSPECTION, THE 24 LARGE PCB CAPACITORS BEING STORED ONSITE AWAITING DISPOSAL WERE NOT MARKED WITH THE DATES WHEN THEY WERE REMOVED FROM SERVICE. THEREFORE, RESPONDENT VIOLATED 40 CFR 761.65(c)(8).
40 CFR 761.40(a)(1) REQUIRES PCB ARTICLES AT THE TIME OF MANUFACTURE, AT THE TIME OF DISTRIBUTION IN COMMERCE IN NOT ALREADY MARKED, AND AT THE TIME OF REMOVAL FROM USE IF NOT ALREADY MARKED SHALL BE MARKED WITH AN Ml MARKING AS ILLUSTRATED IN THE FIGURE IN 40 CFR 761.45(a). AT THE TIME OF THE INSPECTION, THE 24 LARGE PCB CAPACITORS WERE NOT MARKED WITH THE APPROPRIATE PCB LABEL. THEREFORE