8/17/16 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $33,727. RESPONDENT SHALL MAKE SIX INSTALLMENT PAYMENTS. THE FIRST PAYMENT IS DUE WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THE CAFO. THE LAST PAYMENT IS DUE WITHIN 180 DAYS (2/17) AFTER THE EFFECTIVE DATE OF THIS CAFO.
ORDER ALLEGES:
AT THE TIME OF THE SITE VISIT, THIRTEEN (13) WESTINGHOUSE INERTEEN PCB TRANSFORMERS WERE AT THE FACILITY; OF THESE, TWO WERE ENERGIZED AND IN USE. PCB TRANSFORMER IS DEFINED IN 40 CFR SECTIN 761.3 AS ANY TRANSFORMER THAT CONTAINS 400 PPM (PARTS PER MILLION PCB OR GREATER. ELEVEN OF THE PCB TRANSFORMERS WRE OUT OF SERVICE AND WERE BEING STORED FOR DISPOSAL.
AT THE TIME OF THE INSPECTION, THE PCB TRANSFORMERS WERE NOT STORED IN AREAS WITH AN ADEQUATE ROOF, WALLS AND NON-POROUS FLOOR WITH CURBING. THEREFORE, RESPONDENT VIOLATED 40 CFR SECTION 761.65(b).
AT THE TIME OF THE INSPECTION, THE PCB TRANSFORMERS STORED FOR DISPOSAL WRE NOT STORED IN AREAS THAT WERE MARKED WITH THE LARGE PCB MARK (ML). THEREFORE, RESPONDENT VIOLATED 40 CFR SECTION 761.40(a)(10) AND 761.65(c)(3).
RESPONDENT FAILED TO MAINTAIN STORAGE RECORDS FOR THE PCB TRANSFORMERS STORED FOR DISPOSAL. THEREFORE, RESPONDENT VIOLATED 40 CFR SECTION 761.65(c)(5).
AT THE TIME OF INSPECTION, THE PCB TRANSFORMERS WERE NOT MARKED WITH THE DATE THEY WERE REMOVED FROM SERVICE. THERFORE, RESPONDENT VIOLATED 40 CFR SECTION 671.65(c)(8).