EPA v. SHUFORD MILLS

Case summary

Violation of TSCA PCB regulations. 11/30/05 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $16,575, TO BE PAID IN THREE CONSECUTIVE MONTHLY INSTALLMENTS OF $5,525.00, $5,534.21, AND THE LAST PAYMENT AT $5,529.60, COMMENCING 30 DAYS OF THE EFFECTIVE DATE OF THIS CAFO. FACTUAL ALLEGATIONS: ON JUNE 16, 2005, AN INSPECTION WAS CONDUCTED AT RESPONDENT'S FACILITY. THE FOLLOWING VIOLATIONS WERE DETECTED: PURSUANT TO SECTION 6(e) OF TSCA, AND THE REGULATIONS FOUND AT 40 CFR 761.40(a)(2), PCB TRANSFORMERS AT THE TIME OF REMOVAL FROM USE MUST BE MARKED WITH THE THE TSCA PCB LABEL. RESPONDENT HAD ONE GENERAL ELECTRIC PCB TRANSFORMER WITH A PCB CONCENTRATION OF 994 ppm, CONTAINING 100 kg THAT HAD BEEN REMOVED FROM SERVICE ON MAY 31, 2005, FOR DISPOSAL. RESPONDENT FAILED TO HAVE A TSCA PCB LABEL ATTACHED TO THIS GE PCB TRANSFORMER, AS REQUIRED IN 40 CFR 761.40(a)(2). PURSUANT TO SECTION 6(d) OF TSCA, AND THE REGULATIONS FOUND AT 40 CFR 761.40(j)(1), PCB TRANSFORMER LOCATIONS OR MEANS OF ACCESS TO A PCB TRANSFORMER SHALL BE MARKED WITH THE TSCA PCB LABEL. RESPONDENT FAILED TO MARK THEIR DOORS LEADING TO THEIR GE PCB TRANSFORMER WITH THE TSCA PCB LABEL AS REQUIRED IN 40 CFR 761.40(j)(1). PURSUANT TO SECTION 6(e) OF TSCA, AND THE REGULATIONS FOUND AT 40 CFR 761.40(a)(10), 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 SECTION 761.45(a). RESPONDENT FAILED TO MARK THEIR PCB STORAGE AREA CONTAINING THEIR GE PCB TRANSFORMER, STORED FOR DISPOSAL, AS REQUIRED IN 40 CFR 761.40(a)(10). PURSUANT TO SECTION 6(e) OF TSCA, AND THE REGULATIONS FOUND AT 40 CFR 761.65(c)(5), ALL PCB ITEMS IN STORAGE SHALL BE CHECKED FOR LEAKS AT LEAST ONCE EVERY 30 DAYS. RECORDS OF INSPECTIONS, MAINTENANCE, CLEANUP AND DISPOSAL MUST BE MAINTAINED IN ACCORDANCE WITH SECTION 761.180(a) AND (b). RESPONDENT FAILED TO CHECK FOR LEAKS AND SPILLS AND MAINTAIN MONTHLY INSPECTION LOGS FOR THEIR GE PCB TRANSFORMER, STORED FOR DISPOSAL AS REQUIRED IN 40 CFR 761.65(c)(5) FOR THE MONTH OF MAY 2005. PURSUANT TO SECTION 6(e) OF TSCA, AND THE REGULATIONS FOUND AT 40 CFR 761.30(a)(1)(vi)A)(1), A TRANSFORMER OWNER WHO ASSUMES A TRANSFORMER IS A PCB-CONTAMINATED TRANSFORMER, AND LATER DISCOVERS AFTER DECEMBER 28, 1998, THAT IS PCB-TRANSFORMER, MUST REGISTER THE NEWLY-IDENTIFIED PCB TRANSFORMER NO LATER THAN 30 DAYS AFTER IT IS IDENTIFIED AS SUCH. RESPONDENT FAILED TO NOTIFY EPA OF THEIR GE PCB TRANSFORMER, SERIAL NUMBER 6292547 WITHIN 30 DAYS, AS REQUIRED IN 40 CFR 761.30(a)(1)(vi)(A)(1).

Defendants (1)

• SHUFORD MILLS (SB)Named in complaintNamed in settlement

Facilities (1)

• SHUFORD MILLS

  820 FALLS AVENUE, GRANITE FALLS, NC, 28630

  Registry ID: 110024532987

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• SHUFORD MILLSentered 2005-11-30

  Primary law: TSCA

  Federal penalty: $16,575

Timeline (4 milestones)

• 2005-11-16Enforcement Action Data Entered
• 2005-11-30Complaint Filed/Proposed Order
• 2005-11-30Final Order Issued
• 2006-02-17Enforcement Action Closed