EPA v. EVERGREEN, AL, CITY OF

Case summary

3/2805 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $22,908, TO BE PAID IN TWELVE MONTHLY INSTALLMENTS OF $1,909 EACH. FIRST PAYMENTS IS DUE WITHIN 30 DAYS. ON OR ABOUT JULY 1, 2004, AN INSPECTION WAS CONDUCTED AT RESPONDENT'S FACILITY. THE FOLLOWING VIOLATIONS WERE DETECTED: 1. SECTION 6(e) OF TSCA, AND THE REGULATIONS FOUND AT 40 CFR 761.60(a) PROVIDE THAT PCBs AT CONCENTRATIONS MORE THAN 50 PPM MUST BE DISPOSED OF IN AN INCINERATOR WHICH COMPLIES WITH 761.70. 2. RESPONDENT HAD TWO PCB-CONTAMINATED TRANSFORMERS WHOSE FLUIDS WERE EMPTIED ON THE GROUND OF THE MAGNOLIA STREET STORAGE AREA, VIOLATING 40 CFR 761.60(a). 3. SECTION 6(e) OF TSCA AND THE REGULATIONS FOUND AT 40 CFR 761.65(b) PROVIDE THAT OWNERS OR OPERATORS OF ANY FACILITY USED FOR THE STORAGE OF PCBs AND PCB ITEMS DESIGNATED FOR DISPOSAL SHALL COMPLY WITH THE STORAGE UNIT REQUIREMENTS BY HAVING AN ADEQUATE ROOF AND WALLS TO PREVENT RAIN WATER FROM REACHING THE STORED PCBs AND PCB ITEMS, AND ADEQUATE FLOOR THAT HAS CONTINUOUS CURBING WITH A MINIMUM 6-INCH HIGH CURB. 4. RESPONDENT FAILED TO MEET THE PCB STORAGE REQUIREMENTS BY HAVING ADEQUATE ROOF, WALLS, AND FLOOR, VIOLATING 40 CFR 761.65(b). 5. SECTINO 6(e) OF TSCA AND THE REGULATIONS FOUND AT 40 CFR 761.40(a)(10) PROVIDE THAT EACH PCB STORAGE AREA USED TO STORE PCBs AND PCB ITEMS FOR DISPOSAL IN EXISTENCE ON OR AFTER JULY 1, 1978, SHALL BE MARKED AS ILLUSTRATED IN FIGURE 1 IN 761.45(a). 6. RESPONDENT FAILED TO MARK THEIR PCB STORAGE AREA CONTAINING TWO PCB-CONTAMINATED TRANSFORMERS STORED FOR DISPOSAL, VIOLATING 40 CFR 761.40(a)(10). 7. SECTION 6(e) OF TSCA AND THE REGULATIONS FOUND AT 40 CFR 761.65(c)(8) PROVIDE THAT PCB ITEMS SHALL BE DATED ON TEH ITEM WHEN THEY ARE REMOVED FROM SERVICE FOR DISPOSAL. THE STORAGE SHALL BE MANAGED SO THAT THE PCB ITEMS CAN BE LOCATED BY THIS DATE. 8. RESPONDENT FAILED TO MARK THE TWO PCB-CONTAMINATED TRANSFORMERS WITH THEIR OUT-OF-SERVICE DATES WHEN THEY WERE REMOVED FROM SERVICE FOR DISPOSAL, VIOLATING 40 CFR 761.65(c)(8). 9. SECTION 6(e) OF TSCA AND THE REGULATIONS FOUND AT 40 CFR 761.65(c)(5) PROVIDE THAT ALL PCB ITEMS IN STORAGE SHALL BE CHECKED FOR LEAKS AT LEAST ONCE EVERY 30 DAYS. RECORDS OF INSPECTIONS, MAINTENANCE, CLEANUP AND DISPOSAL MUCH BE MAINTAINED IN ACCORDANCE WITH 761.780(a) AND (b). 10. RESPONDENT FAILED TO MAINTAIN MONTHLY INSPECTION LOGS FOR THE STORAGE FOR DISPOSAL AREA, FOR LEAKS, OR SPILLS VIOLATING 40 CFR 761.65(c)(5) FOR CALENDARS YEARS 2003, 2002, 2001, AND 2000 AND PRIOR YEARS. 11. SECTION 6(e) OF TSCA AND THE REGULATIONS FOUND AT 40 CFR 761.205(a)(2) PROVIDE THAT ALL GENERATORS OF PCB WASTE WHO FIRST ENGAGE IN PCB WASTE ACTIVITIES AFTER FEBRUARY 5, 1990, SHALL NOTIFY EPA OF THEIR PCB WASTE ACTIVITIES BY FILING EPA FORM 7710-53 WITH EPA PRIOR TO ENGAGING IN PCB WASTE HANDLING ACTIVITIES. 12. RESPONDENT FAILED TO NOTIFY EPA OF THEIR PCB WASTE ACTIVITIES BY FILING EPA FORM 7710-53 WITH EPA PRIOR TO ENGAGING IN PCB WASTE ACTIVITY, VIOLATING 40 CFR 761.205(a)(2)

Defendants (1)

• EVERGREEN, AL, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• EVERGREEN, AL, CITY OF

  210 EAST FRONT STREET, EVERGREEN, AL, 36410

  Registry ID: 110022318669

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• EVERGREEN, AL, CITY OFentered 2005-03-28

  Primary law: TSCA

  Federal penalty: $22,908

Timeline (4 milestones)

• 2005-03-28Complaint Filed/Proposed Order
• 2005-03-28Final Order Issued
• 2005-04-04Enforcement Action Closed
• 2005-04-05Enforcement Action Data Entered