8/30/18 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $13,223, DUE WITHIN 30 DAYS.
ALLEGATIONS:
IN OR AROUND MAR 2016, RESPONDENT CONDUCTED DEMOLITION WORK AT THE TENNESSEE SCHOOL FOR THE DEAF (TSD) LOCATED AT 2725 ISLAND HOME BLVD, KNOXVILLE, TN. DURING THE RESPONDENT'S DEMOLITION OF POORE HALL AT THE TSD, A WESTINGHOUSE INERTEEN PCB TRANSFORMER LOCATED IN THE BASEMENT OF POORE HALL AND CONTAINING 116 GALLONS OF PCB OIL WAS TAKEN OUT OF SERVICE FOR DISPOSAL. RESPONDENT REMOVED THE TRANSFORMER AND TRANSPORTED IT TO RESPONDENT'S PLACE OF BUSINESS LOCATED AT 10909 MCBRIDE LANE, KNOXVILLE, TN, WHERE IT WAS STORED ON A TRAILER IN THE RESPONDENT'S OUTSIDE GRAVEL YARD (THE FACILITY).
ON MAY 11, 2016, DURING THE COURSE OF STORAGE OF THE PCB TRANSFORMER AT THE RESPONDENT'S FACILITY, RESPONDENT DISCOVERED THAT OIL WAS LEAKING FROM THE TRANSFORMER. IN RESPONSE, THE RESPONDENT REPORTED THE SPILL TO THE TN DEPT OF GENERAL SERVICE (TN DGS), WHO WAS MANAGING THE CONSTRUCTION PROJECT AT THE TSD. TN DGS SUBSEQUENTLY REPORTED THE SPILL TO THE NATIONAL RESPONSE CENTER AND THAT NOTIFICATION WAS OBSERVED BY THE TN DEPT OF ENVIRONMENT AND CONSERVATION (TDEC). ON OR ABOUT MAY 26, 2016, TDEC CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY TO FURTHER INVESTIGATE THE SPILL AND TO DETERMINE RESPONDENT'S COMPLIANCE WITH THE PCB REGS.
ANALYTICAL RESULTS OF SAMPLING OF THE TRANSFORMER FLUID CONDUCTED BY A CONSULTANT FOR THE TN DGS SHOWED THAT THE TRANSFORMER CONTAINED 1,390,