EPA v. New York State Electric and Gas Corporation

Case summary

On three occasions, the Respondent shipped PCB remediation waste for disposal without identifying it as PCB on the manifest. Two of the loads were subsequently disposed in landfill facilities (one in New York and one in Ohio) which are not authorized to accept PCB waste. Since, in both cases, the original material was low concentration (130 and 82 parts per million) and was diluted below detectable levels of PCBs before disposal, Region 2 is not seeking its removal from the NY landfill as it would be impossible to identify. Region 5 concurs with this same approach for the Ohio landfill. Respondent has developed new SOPs for their staff and contractors to prevent recurrence of these violations. Final mitigated penalty is $92,740.

Defendants (1)

• New York State Electric and Gas CorporationNamed in complaintNamed in settlement

Facilities (1)

• NY STATE ELECTRIC & GAS CORP

  18 LINK DRIVE, BINGHAMTON, NY, 13904

  Registry ID: 110043793035

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• New York State Electric and Gas Corporationentered 2022-05-12

  Primary law: TSCA

  Federal penalty: $92,740

Timeline (4 milestones)

• 2022-05-12Enforcement Action Closed
• 2022-05-12Complaint Filed/Proposed Order
• 2022-05-12Final Order Issued
• 2022-06-02Enforcement Action Data Entered