EPA v. The City of New York et al.

Case summary

Nature of the Matter and Problem to be Addresssed: 1) The Respondents are subject to the regulations and the prohibitions and requirements pertaining to PCBs; 2) PCB Caulk (defined as caulk or similar material that contains PCBs at concentrations of 50 parts per million or greater) that remains in use in school buildings constitutes a continued use of PCBs under TSCA; 3) The continued use of PCB Caulk in schools in any manner other than a totally enclosed manner is prohibited under the PCB regulations; and 4) The Respondents’ continued use of PCB Caulk in a manner other than a totally enclosed manner in many older schools, where documented, constitutes violations of the PCB regulations and TSCA. Relief Requested: 1) Implement the Work Plan that is attached to the CAFO; 2) Properly dispose of any PCB Caulk and any associated PCB waste removed from use at the schools referenced in the Work Plan; and 3) Provide access to the schools identified pursuant to the Work Plan at reasonable times to EPA officials and authorized representatives. There are progressively increasing stipulated penalties that apply to specific obligations under the CAFO and Work Plan. Additionally, the CAFO specifies various timeframes for Termination of the Agreement, which are dependent upon completion of specific activities identified in the Work Plan.

Defendants (2)

• New York City School Construction AuthorityNamed in complaintNamed in settlement
• The City of New YorkNamed in complaintNamed in settlement

Facilities (1)

• NYC DCAS 253 BROADWAY

  253 BROADWAY 6TH FLOOR, NEW YORK, NY, 10007-2300

  Registry ID: 110004549908

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• The City of New York et al.entered 2010-01-19

  Primary law: TSCA

  Federal penalty: $150,000

Timeline (4 milestones)

• 2010-01-19Enforcement Action Closed
• 2010-01-19Final Order Issued
• 2010-01-19Complaint Filed/Proposed Order
• 2010-01-21Enforcement Action Data Entered