5/23/2024 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $68,699. PENALTY TO BE PAID WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS CAFO.
ALLEGED VIOLATIONS:
ON MAY 2, 2023, REPRESENTATIVES OF THE EPA AND THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT (ADEM), ACTING IN ITS CAPACITY AS AN AUTHORIZED AGENT OF THE EPA, CONDUCTED AN INSPECTION OF RESPONDENT'S FACILITY PURSUANT TO SECTION 11 OF TSCA, 15 U.S.C. ? 2610, TO DETERMINE RESPONDENT'S COMPLIANCE WITH THE PCB REGULATIONS AND THE SEPTEMBER 18, 2020, APPROVAL AND THE CONDITIONS SET FORTH THEREIN. DUE TO OBSERVATIONS DURING THE INSPECTIONS, THE EPA ALLEGES:
- RESPONDENT FAILED TO STORE PCB ITEMS AND PCB CONTAINERS IN AN EASILY IDENTIFIABLE AND READABLE MANNER IN VIOLATION OF 40 C.F.R. ?761.40(H), APPROVAL CONDITIONS C.4(B), C.S(B), AND C.S(C), AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614.
- RESPONDENT FAILED TO LABEL PCB ITEMS AND PCB CONTAINERS WITH THE APPROPRIATE PCB ML MARK IN VIOLATION OF 40 C.F.R. ?761.40(A), APPROVAL CONDITION C.4(A), AND SECTION 15 OFTSCA, 15 U.S.C. ? 2614.
- RESPONDENT FAILED TO MARK OR CORRECTLY MARK PCB ITEMS AND PCB CONTAINERS WITH THE REMOVED FROM SERVICE DATES FOR DISPOSAL IN VIOLATION OF 40 C.F.R. ? 761.6S(C)(8), APPROVAL CONDITION C.4(B), AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614.
- RESPONDENT FAILED TO MEET THE 1-YEAR DISPOSAL LIMIT FOR PCBS AND PCB ITEMS IN VIOLATION OF 40 C.F.R. ? 761.65(A)(1), APPROVAL CONDITION C.4(C), AND SECTION 15 OF TSCA, 15 U.S.C.
? 2614.