EPA v. MILLARD FILLMORE HOSITAL

Case summary

FAILURE TO MAINTAIN/DEVELOP ANNUAL RECORDS; IMPROPER STORAGE OF COMBUSTIBLES NEAR PCB TRANSFORMERS; AND FAILURE TO MAINTAIN PCB TRANSFORMERS. Millard Fillmore Hospital was using 5 Askarel PCB Transformers at the time of the inspection (7-12-1993). It did not have annual document logs for the years 1989, 1990, and 1991. It did not have records of inspections of transformers for leaks for calendar quarter Oct.-Dec. for 1989, and all quarters in 1990, and Jan.-Mar. for 1991. It was storing combustible materials (not liquids) near two of the PCB Transformers in one location. Four of the PCB Transformers in three locations did not have enhanced electrical protection and were therefore not authorized for use in or near commercial buildings, such as the hospital. After the inspection: In addition to the penalty, the Hospital was in the process of removing the stored combustibles and immediately came into compliance on all but the enhanced electrical protection requirements. Instead of retaining the transformers and adding protection, the hospital removed and replaced the 5 PCB transformers. The disposal cost for the transformers was $233,333. The total cost to reconfigure the electrical system to provide continued power to the hospital and to replace the transformers was $1,600,000.00.

Defendants (1)

• MILLARD FILLMORE HOSPITALNamed in complaintNamed in settlement

Facilities (1)

• MILLARD FILLMORE HOSPITAL

  3 GATES CIRCLE, BUFFALO, NY, 142090000

  Registry ID: 110001569384

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• Millard Fillmore Hospitalentered 2002-12-09

  Primary law: TSCA

  Federal penalty: $75,000

Timeline (4 milestones)

• 1994-12-05Complaint Filed/Proposed Order
• 1995-02-23Enforcement Action Data Entered
• 2002-12-09Final Order Issued
• 2002-12-09Enforcement Action Closed