12/20/2023 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $22,240. PENALTY TO BE PAID WITHIN 30 DAYS.
ALLEGED VIOLATIONS:
ON APRIL 26, 2023, THE TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION (TDEC), ACTING IN ITS CAPACITY AS AN AUTHORIZED AGENT OF THE EPA, CONDUCTED AN INSPECTION OF RESPONDENT'S FACILITY LOCATED IN CHATTANOOGA, TENNESSEE 37402 (THE FACILITY) PURSUANT TO SECTION 15 OF TSCA, 15 U.S.C. ? 2614, TO DETERMINE RESPONDENT'S COMPLIANCE WITH THE PCB REGULATIONS. THE EPA ALLEGES:
1. RESPONDENT WAS CONDUCTING PCB WASTE HANDLING ACTIVITIES AFTER FEBRUARY 5, 1990, WITHOUT TIMELY NOTIFYING THE EPA OF SUCH ACTIVITIES BY FILING EPA FORM 7710-53, IN VIOLATION OF 40 C.F.R. ? 761.205(A)(2) AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614;
2. RESPONDENT FAILED TO PROPERLY MARK THE THREE OUT-OF-SERVICE LARGE HIGH VOLTAGE CAPACITORS STORED FOR DISPOSAL AT THE FACILITY WITH THE DATE THEY WERE REMOVED FROM SERVICE, IN VIOLATION OF 40 C.F.R. ? 761.65(C)(8) AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614;
3. RESPONDENT FAILED TO MAINTAIN COMPLETE AND ACCURATE WRITTEN ANNUAL DOCUMENT LOGS FOR 2020, 2021, AND 2022, THAT INCLUDED THE DETAILS OF PCBS AND PCB WASTE HANDLING ACTIVITIES, IN VIOLATION OF 40 C.F.R. ? 761.180(A) AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614.