EPA v. BENDER SHIPBUILDING AND REPAIR CO., INC.

Case summary

VIOLATION OF TSCA PCB REGULATIONS. 5/11/06 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,805, DUE WITHIN 30 DAYS. FACTUAL ALLEGATIONS: RESPONDENT IS A SHIPBUILDING AND REPAIR FACILITY OPERATING IN THE STATE OF ALABAMA. ON JULY 11, 2002, AN INSPECTION WAS CONDUCTED AT RESPONDENT'S FACILITY 265 SOUTH WATER STREET, MOBILE, AL. THE FOLLOWING VIOLATION WAS DETECTED DURING THIS INSPECTION. PURSUANT TO SECTION 6(e) OF TSCA, AND THE REGULATIONS FOUND AT 40 CFR 761.(a)(2), PCBs TRANSFORMERS AT THE TIME OF REMOVAL FROM USE MUST BE MARKED WITH THE TSCA PCB LABEL AS ILLUSTRATED IN FIGURE 1 IN 40 CFR 761.45(a). RESPONDENT HAD 3 ASSUMED TO BE PCB TRANSFORMERS LOCATED IN THEIR SURPLUS WAREHOUSE, CONTAINING MORE THAN 150 GALLONS OF FLUID WITH NO ANALYTICAL DATA, AND NOT LABELED WITH THE TSCA PCB LABEL, AS REQUIRED IN 40 CFR 761.40(a)(2) AND AS ILLUSTRATEDIN FIGURE 1 IN 761.45(a).

Defendants (1)

• BENDER SHIPBUILDING AND REPAIR CO., INC.Named in complaintNamed in settlement

Facilities (2)

• BENDER SHIPBUILDING AND REPAIR

  265 SOUTH WATER STREET, MOBILE, AL, 366032305

  Registry ID: 110009352538

• BENDER SHIPBUILDING AND REPAIR

  265 SOUTH WATER STREET, MOBILE, AL, 366032305

  Registry ID: 110009352538

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• BENDER SHIPBUILDING AND REPAIR CO., INC.entered 2006-05-11

  Primary law: TSCA

  Federal penalty: $2,805

Timeline (4 milestones)

• 2006-04-12Enforcement Action Data Entered
• 2006-05-11Complaint Filed/Proposed Order
• 2006-05-11Final Order Issued
• 2006-07-10Enforcement Action Closed