4/14/15 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $35,000, TO BE MADE IN INSTALLMENTS. THE FIRST PAYMENT IS DUE WITHIN 30 DAYS. THREE SUBSEQUENT PAYMENTS ARE TO BE MADE IN 90-DAY INTERVALS THEREAFTER.
ALLEGATIONS:
RESPONDENT OWNS AND OPERATES A FACILITY IN JONESBORO, GA, THAT ACCEPTS, AMONG OTHER ITEMS, USED AND DISCARDED ELECTRONIC EQUIPMENT AND OTHER METALS FOR RESALE, SCRAPPING AND RECYLING.
ON APR 18, 2012, EPA CONDUCTED A COMPLIANCE EVALUATION INSPECTION (CEI) AT RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH PCB REGS.
PURSUANT TO 40 CFR 761.2(4), ANY PERSON MUST ASSUME THAT A CAPACITOR MANUFACTURED PRIOR TO JULY 2, 1979 WHOSE PCB CONCENTRATION IS NOT ESTABLISHED CONTAINS GREATER THAN OR EQUAL TO 500 PPM PCBs. IF THE DATE OF MANUFACTURE IS UNKNOWN, ANY PERSON MUST ASSUME THE CAPACITOR CONTAINS GREATER THAN OR EQUAL TO 500 PPM PCBs.
40 CFR 761.20(c) PROHIBITS ANY PERSON FROM PROCESSING OR DISTRIBUTING IN COMMERCE ANY PCB OR PCB ITEMS REGARDLESS OF CONCENTRATION FOR USE WITHIN THE U.S. OR FOR EXPORT FROM THE US. W/OUT AN EXEMPTION. DURING AND SUBSEQUENT TO THE CEI, EPA'S INSPECTOR OBTAINED DOCUMENTATION WHICH INDICATED RESPONDENT HAD SOLD AND DISTRIBUTED IN COMMERCE PCB ITEMS INCLUDING PCB-CONTAINING FLUORESCENT LIGHT BALLASTS AND PCB CAPACITORS W/OUT AN EXEMPTION. EPA ALLEGES RESPONDENT VIOLATED 40 CFR 761.20(c).
40 CFR 761.40(a)(1) REQUIRES THAT EACH CONTAINER USED TO STORE PCBs MUST BE MARKED WITH AN ML AS ILLUSTRATED IN FIGURE