9/27/16 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $38,500. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
DURING THE JULY 9, 2014, INSPECTION, THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT (ADEM) MADE THE FOLLOWING OBSERVATIONS:
AT THE TIME OF THE INSPECTION, THE NSY AND MSY STORAGE AREAS WERE MARKED WITH THE LARGE ML AND DID NOT MEET THE REQUIREMENTS OF 40 CFR SECTION 761.40(a)(1). THEREFORE, EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 CFR SECTION 761.40(a)(10).
RESPONDENT FAILED TO PROVIDE RECORDS OF INSPECTIONS OF THE PCB ITEMS. THEREFORE, EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 CFR SECTION 761.65(c)(5).
THE PCB ITEMS LISTED IN PARAGRAPH 8 WERE OBSERVED TO BE OUT OF SERVICE DURING THE JULY 9, 2014 INSPECTION. THEREFORE, EPA ALLEGES THAT THE RESPONDENT VILATED 40 CFR SECTION 761.65(a)(1).
40 CFR SECTION 761.65(b) REQUIRES THE STORAGE AREA TO HAVE AN ADEQUATE ROOF AND WALLS TO PREVENT RAIN WATER FROM REACHED STORED PCBs AND PCB ITEMS, AS WELL AS AN ADEQUATE FLOOR AND CURBING TO PREVENT RELEASES. THE MSY STORAGE AREA FAILED TO MEET THE CRITERIA. THEREFORE, EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 CFR SECTION 765.65(b).