EPA v. IMERYS CARBONATES, LLC

Case summary

3/25/08 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $38,907, DUE WITHIN 30 DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. RESPONDENT FAILED TO PROPERLY MARK A STORAGE AREA WHERE IT HAD STORED 3 TRANSFORMERS CONTAINING PCBs AND 4 55-GALLON DRUMS CONTAINING PRESUMED PCB CAPACITORS WITH THE REQUIRED LABEL. RESPONDENT FAILED TO PUT OUT-OF-SERVICE DATES ON PCB ITEMS WHEN THEY WERE REMOVED FROM SERVICE. PCB ITEMS WERE STORED OUTSIDE ON PLASTIC SHEETING WITH ADEQUATE CURBING, BUT WITHOUT ADEQUATE ROOF AND WALLS. THE 4 55-GALLON DRUMS FILLED WITH PRESUMED PCB CAPACITORS WERE NOT MARKED WITH THE TSCA PCB LABEL. RESPONDENT FAILED TO CONDUCT THE REQUIRED INSPECTIONS OF THE PCB ITEMS FOR LEAKS AND SPILLS AT LEAST ONCE EVERY 30 DAYS AND FAILED TO MAINTAIN QTRLY RECORDS FOR ANY INSPECTIONS OF THE PCB ITEMS FOR CALENDAR YRS 2006, 2005, 2004, 2003 AND PRIOR YRS. RESPONDENT HAD PCBs AND PCB ITEMS STORED FOR DISPOSAL AT ITS FACILITY, BUT FAILED TO DEVELOP ALL ANNUAL RECORDS AND WRITTEN DOCUMENT LOGS OF THE DISPOSITION OF PCB ITEMS FOR CALENDAR YRS 2006-2003 AND PRIOR YRS.

Defendants (1)

• IMERYS CARBONATES, LLCNamed in complaintNamed in settlement

Facilities (6)

• IMERYS CARBONATES

  1301 GENE STEWART BOULEVARD, SYLACAUGA, AL, 35150

  Registry ID: 110030893317

• IMERYS CARBONATES

  1301 GENE STEWART BOULEVARD, SYLACAUGA, AL, 35150

  Registry ID: 110030893317

• IMERYS CARBONATES

  1301 GENE STEWART BOULEVARD, SYLACAUGA, AL, 35150

  Registry ID: 110030893317

• IMERYS CARBONATES

  1301 GENE STEWART BOULEVARD, SYLACAUGA, AL, 35150

  Registry ID: 110030893317

• IMERYS CARBONATES

  1301 GENE STEWART BOULEVARD, SYLACAUGA, AL, 35150

  Registry ID: 110030893317

• IMERYS CARBONATES

  1301 GENE STEWART BOULEVARD, SYLACAUGA, AL, 35150

  Registry ID: 110030893317

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• IMERYS CARBONATES, LLCentered 2008-03-25

  Primary law: TSCA

  Federal penalty: $38,907 · SEP: $20,500

Timeline (4 milestones)

• 2008-03-25Final Order Issued
• 2008-03-25Complaint Filed/Proposed Order
• 2008-03-31Enforcement Action Data Entered
• 2008-04-09Enforcement Action Closed