EPA v. Atlantic City Electric Company

Case summary

By telephone call on February 25, 2013, Respondent self disclosed to EPA that one drum of cleanup debris from a pole top transformer spill was manifested incorrectly by their contractor in violation of protocol, and was consolidated with non-TSCA waste and disposed at a non-TSCA facility. The Respondent hired a new contractor and reinforced its protocols. Although these violations were self disclosed, Respondent did not invoke the Audit Policy, since it would not apply. The self-disclosure reductions available in the PCB penalty policy were applied. EPA issued a Show Cause letter with a CAFO included which reflected a reduced penalty. EPA has determined that the material may stay in the landfill because it had been diluted to a non-detectble level and because, if the Respondent followed notification and manifesting procedures correctly, it could have been authorized to be disposed there.

Defendants (1)

• Atlantic City Electric CompanyNamed in complaintNamed in settlement

Facilities (1)

• ATLANTIC CITY ELECTRIC - UPPER PITTSGROVE POLETOP

  169 DARETOWN ROAD, UPPER PITTSGROVE, NJ, 08318

  Registry ID: 110055488431

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• Atlantic City Electric Companyentered 2013-07-09

  Primary law: TSCA

  Federal penalty: $8,520

Timeline (4 milestones)

• 2013-07-09Enforcement Action Closed
• 2013-07-09Complaint Filed/Proposed Order
• 2013-07-09Final Order Issued
• 2013-07-17Enforcement Action Data Entered