9/25/18 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,475, DUE WITHIN 30 DAYS.
ALLEGATIONS:
IN OR ABOUT 2014, RESPONDENT ENTERED INTO A CONTRACT WITH THE STATE OF TN DEPT OF EDUCATION AND TN DEPT OF GENERAL SERVICE REAL ESTATE ASSET MANAGEMENT DIV (TN DGS) TO CONDUCT CERTAIN ACTIVITIES AT THE TN SCHOOL FOR THE DEAF IN KNOXVILLE, TN, IN CONNECTION WITH A DEMOLITION, RENOVATION AND CONSTRUCTION PROJECT AT THE SCHOOL.
IN TURN, RESPONDENT ENTERED INTO A SUBCONTRACT ON OR ABOUT JUNE 16, 2014, WITH BASS SERVICES, A LICENSE TN ELECTRICAL SUBCONTRACTOR, UNDER WHICH BASS SERVICES PERFORMED CERTAIN PROJECT ELECTRICAL WORK AT THE SCHOOL.
DURING THE COURSE OF BASS SERVICE'S WORK AT THE SCHOOL, IN OR AROUND 2014-2017, A DECISION WAS MADE BY RESPONDENT AND BASS SERVICES, UNDER THE MGMT AND OVERSIGHT OF THE PROJECT BY TN DGS, TO ALLOW BASS SERVICES TO REMOVE A 240-GAL PCB TRANSFORMER THAT HAD BEEN LOCATED AND/OR STORED IN THE AREA ADJACENT TO AKIN HEALTH AND P.E. BLDG. RESPONDENT HAS ASSERTED THAT PRIOR TO THE TIME THIS DECISION WAS MADE, RESPONDENT UNDERSTOOD, BASED ON CERTAIN REPRESENTATIONS MADE BY ONE OR MORE OTHER PARTIES INVOLVED IN THE PROJECT AT THE SCHOOL, THAT THE TRANSFORMER HAD BEEN TESTED AT SOME TIME IN THE PAST AND SHOWN TO HAVE NO PCBs. RESPONDENT ALSO ASSERTED THAT THE CONTRACTS BETWEEN IT AND TN DGS INCLUDED PROVISIONS INDICATING THAT PRIOR TO ENTERING THE CONTRACT, AN INVESTIGATION HAD BEEN CONDUCTED AND THAT NO HAZARDOUS MATERIALS WERE E