EPA v. FITCHBURG GAS & ELECTRIC COMPANY

Case summary

FITCHBURG GAS & ELECTRIC (FG&E) AGREED TO A CONSENT AGREEMENT AND FINAL ORDER ( CAFO ) UNDER TSCA THAT SETTLED AN ADMINISTRATIVE PENALTY ACTION AGAINST FG&E FOR FAILING TO COMPLY WITH THE PCB REGULATIONS WHICH REQUIRED: 1) THE TWO OUT-OF-SERVICE PCB-CONTAMINATED TRANSFORMERS TO BE PROPERLY DATED; 2) STORAGE OF THE TWO REGULATED TRANSFORMERS ON SITE FOR NO MORE THAN THIRTY DAYS WITHOUT NOTIFYING EPA AND REGISTERING THE FACILITY; 3) THE PROPER MARKING OF THE STORAGE AREA; AND 4) DISPOSAL OF THE STORED PCB-CONTAMINATED TRANSFORMERS WITHIN ONE YEAR. THESE VIOLATIONS WERE DISCOVERED BY FG&E ON APRIL 23, 2001 AND VOLUNTARILY DISCLOSED TO EPA IN RESPONSE TO AN EPA INFORMATION REQUEST ON JUNE 27, 2001. FG&E'S DISCLOSURE TO EPA WERE MADE AFTER A WHISTLEBLOWER ACTION FROM A FORMER EMPLOYEE, A CITIZEN COMPLAINT ABOUT THE FACILITY TO EPA's ADMINSITRATOR, AND AN IMPENDING SITE INVESTIGATION OF THE FACILITY BY THE REGION'S SUPERFUND REMOVAL PROGRAM. UNDER THE TERMS OF THE SETTLEMENT FG&E HAS AGREED TO PAY A $6765 PENALTY. THE PENALTY ADDRESSES ALL OF THE TSCA VIOLATIONS EPA ALLEGED IN THE CAFO. ALSO, UNDER THE SETTLEMENT, FG&E STATES THAT IT HAS PROPERLY DISPOSED OF THE TWO PCB TRANSFORMERS, IN COMPLIANCE WITH TSC

Defendants (1)

• FITCHBURG GAS & ELECTRIC COMPANYNamed in complaintNamed in settlement

Facilities (1)

• FITCHBURG GAS & ELECTRIC

  SAWYER PASSWAY, FITCHBURG, MA, 014200000

  Registry ID: 110010425931

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• FITCHBURG GAS & ELECTRIC COMPANYentered 2002-11-18

  Primary law: TSCA

  Federal penalty: $6,765

Timeline (5 milestones)

• 2002-11-18Complaint Filed/Proposed Order
• 2002-11-18Final Order Issued
• 2002-12-05Enforcement Action Closed
• 2002-12-05Compliance Achieved
• 2003-04-08Enforcement Action Data Entered