EPA v. SOUTHERN PATIO

Case summary

4/5/05 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $99,000, DUE WITHIN 30 DAYS. VIOLATIONS: RESPONDENT HAD 2 PCB GE TRANSFORMER LOCATED UPSTAIRS IN THE MAIN BUILDING, TAHT HA DLESS THAN 5 GALLONS OF PCB FLUID ON THE FLOOR, VIOLATING 40 CFR 761.60(a). RESPONDENT HAD 3 PCB GE TRANSFORMERS LOCATED UPSTAIRS IN THE MAIN BUILDING, WHERE LESS THAN 5 GALLONS OF PCB FLUID WAS DISPOSED OF ON THE FLOOR, VIOLATING 40 CFR 761.60(a). RESPONDENT HAD 14 55-GALLON DRUMS CONTAINING 770 GALLONS OF PCB PYRANOL FLUID UPSTAIRS IN THE MAIN BUILDING, THAT HAD LESS THAN 5 GALLONS OF PCB FLUID ON THE FLOOR, VIOLATING 40 CFR 761.60(a). RESPONDENT HAD 5 PCB TRANSFORMERS STORED FOR DISPOSAL IN THE UPSTAIRS MAIN BUILDING. RESPONDENT FAILED TO PLACE A TSCA PCB LABEL IN THE PCB STORAGE AREA IN THE UPSTAIRS MAIN BUILDING, AS REQUIRED BY 40 CFR 761.40(a)(10). RESPONDENT HAD 5 PCB TRANSFORMERS IN STORAGE FOR DISPOSAL. RESOPNDENT FAILED TO MARK THE OUT-OF-SERVICE DATES ON THE 5 PCB TRANSFORMERS LOCATED IN THE UPSTAIRS MAIN BUILDING, AS REQUIRED BY 40 CFR 761.65(c)(8). RESPONDENT HAD 14 55-GALLON DRUMS FILLED WITH PCB PYRANOL FLUID, STORED FOR DISPOSAL IN THE UPSTAIRS MAIN BUILDING, WITHOUT THE OUT-OF-SERVICE DATES MARKED ON THEM, AS REQUIRED IN 40 CFR 761.65(c)(8). RESPONDENT FAILED TO MARK 14 55-GALLONS DRUMS FILLED WITH PCB PYRANOL FLUID, STORED FOR DISPOSAL IN THE UPSTAIRS MAIN BUILDING WITH THE TSCA PCB LABEL, AS REQUIRED IN 40 CFR 761.40(a)(1). RESPONDENT FAILED TO PREPARE AND KEEP ON FILE AT THE FACILITY A SPILL CONTROL AND COUNTERMEASURE PLAN (SPCC), AS REQUIRED IN 40 CFR 761.65(c)(1)(iv). RESPONDENT FAILED TO MARK THE NORTH ENTRANCE DOOR WHERE 5 PCB TRANSFORMERS WERE STORED FOR DISPOSAL IN THE UPSTAIRS BUILDING, WITH THE TSCA PCB LABEL, AS REQUIRED IN 40 CFR 761.40(j)(1). RESPONDENT FAILED TO MARK THE SOUTH ENTRANCE DOOR WHERE 5 PCB TRANSFORMERS WERE STORED FOR DISPOSAL IN THE UPSTAIRS MAIN BUILDING, WITH THE TSCA PCB LABEL, AS REQUIRED IN 40 CFR 761.40(j)(1). RESPONDENT FAILED TO CONDUCT VISUAL INSPECTIONS EVERY 30 DAYS FOR THE MONTHS OF MARCH, APRIL AND MAY AND PRIORMONTHS OF 2003 ON 7 PCB TRANSFORMERS. EACH MONTH MISSED ON EACH TRANSFORMER IS A SEPARATE COUNT.

Defendants (1)

• SOUTHERN PATIO (SB)Named in complaintNamed in settlement

Facilities (1)

• SOUTHERN PATIO

  4400 COMMERCE CIRCLE SW, ATLANTA, GA, GA, 30325

  Registry ID: 110022321726

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• SOUTHERN PATIOentered 2005-04-05

  Primary law: TSCA

  Federal penalty: $99,000

Timeline (4 milestones)

• 2005-04-05Complaint Filed/Proposed Order
• 2005-04-05Final Order Issued
• 2005-04-14Enforcement Action Data Entered
• 2005-05-11Enforcement Action Closed