11/4/16 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $118,100, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON OR ABOUT JAN 16, 2012, AND JAN 14, 2014, INSPECTIONS WEWRE CONDUCTED BY ADEM TO DETERMINE COMPLIANCE WITH THE PCB REGS. DURING THE JAN 16, 2012 INSPECTION, ADEM OBSERVED SEVERAL OUT-OF-SERVICE PCB ITEMS BEING STORE FOR ON-SITE DISPOSAL.
DURING THE JAN 14, 2014, INSPECTION ADEM INSPECTORS OBSERVED THE FOLLOWING PCB WASTE STORED BY DISPOSAL:
- TWO 55-GAL DRUMS MARKED CAUTION CONTAINS PCBs WERE SITTING ON THE GROUND W/OUT CONTAINMENT, IN THE CORNER OF BLDG D-1 WHERE THE LEAKING ALLIS CHALMERS TRANSFORMER HAD BEEN STORED. THE DRUMS CONTAINED SOIL THAT HAD BEEN CONTAMINATED WITH PCBs FROM THE LEAKING TRANSFORMER. THE DRUMS WERE NOT MARKED WITH A DATE.
ACCORDING TO MANIFESTS, THE TRANSFORMERS AND CAPACITORS WERE MANIFESTED AND SHIPPED FOR DISPOSAL TO TCI OF ALABAMA ON JUNE 3, 2013. THE TWO DRUMS OF PCB WASTE WERE MANIFESTED FOR DISPOSAL TO CHEMICAL WASTE MANAGEMENT ON MARCH 31, 2015.
EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 761.180(a) BY FAILING TO PROVIDE ANY RECORDS OR ANNUAL DOCUMENT LOG FOR PCB ITEMS, EITHER DURING THE INSPECTIONS OR SUBSEQUENTLY.
EPA ALLEGES RESPONDENT VIOLATED 40 CFR 761.40(a)(10). THE STORAGE AREAS WERE NOT MARKED WITH THE ML AND DID NOT MEET REQUIREMENTS OF 40 CFR 761.40(a)(10).
EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 761.65(c)(5). RESPONDENT COULD NOT PROVIDE RECORDS OF INSPECTIONS AND CLEANUPS OF THE PCB IT