9/9/2025 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $7,500.00 TO BE PAID IN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO.
ALLEGED VIOLATIONS:
ON JANUARY 27, 2022, MARCH 9, 2022, AND MARCH 29, 2023, A REPRESENTATIVE OF THE KENTUCKY DEPARTMENT FOR ENVIRONMENTAL PROTECTION AUTHORIZED BY AND ON BEHALF OF THE EPA CONDUCTED INSPECTIONS AT RESPONDENT?S FACILITY LOCATED AT 348 CALLA ROAD, IRVINE, KENTUCKY 40336, TO EVALUATE THE FACILITY?S COMPLIANCE WITH THE PCB REGULATIONS. FOX TROT PROPERTIES, LLC, WAS ADMINISTRATIVELY DISSOLVED ON JUNE 20, 2023, AND THE FACILITY IS NO LONGER IN OPERATION.
BASED ON THE FOREGOING FINDINGS OF FACT, THE EPA ALLEGES THAT FOX TROT PROPERTIES, LLC VIOLATED VARIOUS PROVISIONS OF THE PCB RULES SET FORTH AT 40 C.F.R. PART 761 AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614, AS SET FORTH BELOW. THE EPA ALLEGES THAT FOX TROT PROPERTIES, LLC:
- FAILED TO LABEL PCB ITEMS WITH THE APPROPRIATE PCB ML MARK, IN VIOLATION OF 40 C.F.R. ?761.40(A)(1) AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614.
- FAILED TO LABEL THE STORAGE AREA USED TO STORE PCB ITEMS WITH THE APPROPRIATE PCB ML MARK, IN VIOLATION OF 40 C.F.R. ?? 761.40(A)(10) AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614.
- FAILED TO DISPOSE OF PCB ITEMS WITHIN ONE (1) YEAR FROM
THE DATE THE PCB ITEMS WERE DETERMINED TO BE PCB WASTE, IN VIOLATION OF 40 C.F.R. ? 761.65(A)(1) AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614.
- FAILED TO HAVE A PROPER STORAGE AREA WITH AN ADEQUATE ROOF AND WALLS, AND