EPA v. CHAMBERLAIN MANUFACTURING CORP

Case summary

FAILURE TO HAVE AVAILABLE FOR INSPECTION BY AUTHORIZED REPRESENTATIVES OF EPA, DURING NORMAL BUSINESS HOURS, COPIES OF THE FACILITY'S CALENDAR YEAR 2000 ANNUAL RECORDS AND ANNUAL WRITTEN DOCUMENT LOGS OF THE DISPOSITION OF PCBS AND PCB ITEMS FROM THE FACILITY THAT INCLUDED THE INFORMATION REQUIRED PURSUANT TO 40 C.F.R. SECTION 761.180(a)(1)(i) THROUGH (iii) AND 761.180(a)(1)(2)(ii) THROUGH (vi); FAILING TO PERFORM REQUIRED VISUAL INSPECTIONS OF, INCLUDIGN INVESTIGATIONS FOR DIELECTRIC FLUID LEAKS ON OR AROUND, EACH OF THIRTY-FOUR (34) PCB TRANSFORMERS THEN PRESENTAND IN USE, OR STORED FOR REUSE, AT THE FACILITY DURING EACH OF THE FOUR (4) RESPECTIVE QUARTERLY PERIODS (I.E., THE 3RD AND 4TH QUARTERS OF 1999 AND THE 1ST AND 2ND QUARTERS OF 2000), FOR A TOTAL OF ONE HUNDRED AND THIRTY-SIX (136) SEPARATE VIOLATIONS OF THE REQUIREMENTS OF 40 C.F.R. SECTION 761.30(a)(1)(ix); EXCEEDING, AND CONTINUING TO EXCEED, THE REQUIRED WITHIN 1-YEAR DISPOSAL TIME FRAME FOR THE PCB WASTE BY STORING AT THE FACILITY IN EXCESS OF ONE YEAR, AND ON EACH OF THE SIXTY-FIVE (65) DAYS OF SEPTEMBER 27, 2001 THROUGH AND INCLUDING DECEMBER 1, 2001, IN VIOLATION OF THE REQUIREMENTS OF 40 C.F.R. SECTION 761.65(A)(1); 4. FAILING TO INSPECT AND CHECK A PCB ITEM FOR LEAKS AT LEAST ONCE EERY THIRTY (30) DAYS BETWEEN THE DATES OF SEPTEMBER 27, 200 AND SEPTEMBER 29, 2001 (I.E., ON TWELVE SEPARATE OCCASIONS), THE TIME PERIOD THAT SUCH PCB ITEM WAS IN STORAGE AT THE FACILITY, IN VIOLATION OF THE REQUIREMENTS OF 40 C.F.R. SECTION 761.65(C)(5); 5. FAILING TO MARK THE MEANS OF ACCESS (I.E., THE LADDER ENTRACE) TO A PCB TRANSFORMER (I.E., PCB TRANSFORMER M-19) AT THE FACILITY WITH THE MARK ML AS REFERENCE IN 40 C.F.R. 76140(A) AND ILLUSTRATED IN FIGURE 1 IN 40 C.F.R. SECTION 761.45(A), IN VIOLATION OF THE REQUIREMENTS OF 40 C.F.R. SECTION 761.40(J)(1); 6. FAILING TO MARK A FACILITY PCB TRANSFORMER (I.E., TRANSFORMER F-7) IN A LOCATION AND IN A MANNER THAT COULD BE EASILY READ BY EMERGENCY RESPONSE PERSONNEL FIGHTING A FIRE INVOLVING THIS EQUIPMENT, IN VIOLATION OF THE REQUIREMENTS OF 40 C.F.R. SECTION 761.40(J)(3); 7. FAILING TO MAKR A MEANS OF ACCESS (I.E., A TRANSFORMER TUNNEL ENTRANCE) TO PCB TRANSFORMERS (I.E., TRANSFORMERS F-1, F-3, F-4 AND F-6) IN A MANNER THAT COULD BE EASILY READ BY EMERGENCY RESPONSE PERSONNEL FIGHTING A FIRE INVOLVING THIS EQUIPMENT, IN VIOLATION OF THE REQUIREMENTS OF 40 C.F.R. SECTION 761.40(J)(3); 8. STORING COMBUSTIBLE MATERIALS (I.E., A WOODEN LADDER, A WOODEN BOARD, PAPER TRASH, A PLASTIC JUG, ROPE COVERED WITH GREASE, PLEXIGLASS AND PLASTIC SHEETING) WITHIN A PCB TRANSFORMER ENCLOSURE (I.E., THE F-5 TRANSFORMER VAULT) IN VIOLATION OF THE REQUIREMENTS OF 40 C.F.R. SECTION 761.30(A)(1)(VIII); AND 8. STORING COMBUSTIBLE MATERIAL (I.E., PAPER TRASH) WITHIN 5 METERS OF AN UNENCLOSED PCB TRANSFORMER (I.E., TRANSFORMER M-12) IN VIOLATION OF THE REQUIREMENTS OF 40 C.F.R. SECTION 761.30(A)(1)(VIII

Defendants (1)

• CHAMBERLAIN MANUFACTURING CORPNamed in complaintNamed in settlement

Facilities (1)

• U S DOD SCRANTON ARMY AMMUNITION PLANT CHAMBERLAIN MANUFACTURING

  156 CEDAR AVE., SCRANTON, PA, 185051138

  Registry ID: 110000492351

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• CHAMBERLAIN MANUFACTURING CORPentered 2004-11-18

  Primary law: TSCA

  Federal penalty: $135,000

Timeline (3 milestones)

• 2004-11-17Enforcement Action Data Entered
• 2004-11-18Complaint Filed/Proposed Order
• 2004-11-18Final Order Issued