EPA v. LEHIGH CEMENT CO

Case summary

On June 26, 2002, an authorized EPA representative conducted a compliance evaluation inspection at the Woodsboro Facility. As part of the inspection activities, the EPA inspector toured the Woodsboro Facility, reviewed records and was provided with an explanation of operations by a Woodsboro Facility representative. Based upon the facts, evidence and information obtained during the EPA inspection of the Woodsboro Facility and through a subsequent exchange of information during the ���show cause��� process, the CAFO alleges the following violations of the PCB regulations at the Woodsboro Facility: 1. failure to mark PCB Articles (i.e., the Main Substation PCB Transformer and the Shipping Substation PCB Transformer) located at the Woodsboro Facility with the mark ���ML��� as described in 40 C.F.R. �� 761.45(a), in violation of 40 C.F.R. �� 761.40(c)(1). 2. failure to mark the means of access (i.e., the entrance) to a PCB Transformer (i.e., the Shipping Substation PCB Transformer) located at the Woodsboro Facility with the mark ���ML��� as described in 40 C.F.R. �� 761.45(a) in violation of 40 C.F.R. �� 761.40(j)(1). 3. disposal of PCB liquids from the Woodsboro Facility���s Main Substation PCB Transformer, Shipping Substation PCB Transformer, Motor Control Substation PCB Transformer and Gyradisc Substation PCB Transformer in a manner other than in an incinerator, a high efficiency boiler, or a chemical waste landfill, in violation of 40 C.F.R. �� 761.60(a). 4. violation of the PCB transformer leak repair, containment, clean up and disposal requirements of 40 C.F.R. �� 761.30(a)(1)(x), on each of several occasions, through Respondent���s actions in: a. failing to implement proper PCB leak containment measures at the Woodsboro Facility���s Main Substation PCB Transformer upon the identification of an active PCB leak, and released PCBs, at each such location; b. failing to perform daily inspections to verify containment of released PCBs identified at the Woodsboro Facility���s Shipping Substation PCB Transformer and Motor Control Substation PCB Transformer; and c. failing timely to initiate clean-up of released PCBs which had run off and/or were about to run off the external surface of the Woodsboro Facility���s Main Substation PCB Transformer and Gyradisc Substation PCB Transformer. 5. violation of the PCB transformer inspection and maintenance history record keeping requirements of 40 C.F.R. �� 761.30(a)(1)(xii), on each of several occasions, through Respondent���s actions in: a. failing to maintain and make available to EPA, upon request, records of the October through December, 1998 quarterly visual inspection and maintenance histories for each of the Woodsboro Facility���s Under Precipitator Substation PCB Transformer, Main Substation PCB Transformer, Motor Control Substation PCB Transformer and Gyradisc Substation PCB Transformer, respectively; b. failing to maintain and make available to EPA, upon request, daily records of inspections conducted to verify containment of the uncorrected active leak at the Woodsboro Facility���s Main Substation PCB Transformer from February 5, 1997, the date upon which an active PCB fluid leak initially was observed at such PCB Transformer, through February 27, 1997, the date upon which appropriate PCB material clean-up and PCB Transformer repair activities were completed; c. failing to maintain and make available to EPA, upon request, records containing the results of daily inspections conducted to verify containment of the uncorrected active PCB leak(s) observed at the Woodsboro Facility���s Main Substation PCB Transformer (i.e., on March 5, 1998, May 5, 1999 and April 17, 2000, respectively) until such time as appropriate action was completed; and d. failing to maintain and make available to EPA, upon request, a quarterl

Defendants (1)

• LEHIGH CEMENT CONamed in complaintNamed in settlement

Facilities (3)

• LEHIGH CEMENT - WOODSBORO

  10642 WOODSBORO ROAD, WOODSBORO, MD, 21798

  Registry ID: 110006631911

• LEHIGH CEMENT - WOODSBORO

  10642 WOODSBORO ROAD, WOODSBORO, MD, 21798

  Registry ID: 110006631911

• LEHIGH CEMENT COMPANY, LLC

  675 QUAKER HILL ROAD, UNION BRIDGE, MD, 21791

  Registry ID: 110003507385

Statutes cited

• TSCA 6-PCBS — PCBS
• TSCA 15-2 — Knowing Commercial Use [15(2)]

Enforcement conclusions (1)

• LEHIGH CEMENT COentered 2004-08-18

  Primary law: TSCA

  Federal penalty: $85,000

Timeline (4 milestones)

• 2004-06-28Enforcement Action Data Entered
• 2004-08-18Complaint Filed/Proposed Order
• 2004-08-18Final Order Issued
• 2004-08-27Enforcement Action Closed