EPA v. SVI CORPORATION

Case summary

7/29/2008 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $15,476. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES; PURSUANT TO 40 CFR SECTIO 761.40(a)(3), PCB LARGE HIGH VOLTAGE CAPACITORS IN EXISTENCE ON OR AFTER JULY 1, 2978, SHALL BE MARKED AS ILLUSTRATED IN FIGURE IN SECTION 761.45(a). RESPONDENT FAILED TO MARK THE PCB LARGE HIGH VOLTAGE CAPACITORS WITH THIS TSCA PCB LABEL AS REQUIRED. AT THE TIME OF THE INTIAL INSPECTION (2/6/2007), RESPONDENT HAD A TOTAL OF FIFTEEN (15) PCB CAPACITORS STORED AT ITS FACILITY. THESE PCB CAPACITORS WERE STORED FOR OVER A ONE YEAR PERIOD. PURSUANT TO 40 CFR SECTION 761.65(a)(1), ANY PCB WASTE SHALL BE DISPOSED OF WITHIN ONE YEAR FROM THE DATE IT WAS DETERMINED TO BE PCB WASTE AND THE DECISION WAS MADE TO DISPOSE OF IT. RESPONDENT FAILED TO DISPOSE OF FIFTEEN (15) PCB CAPACITORS AS REQUIRED. THERE WERE A TOTAL OF FIFTEEN (15) CAPACITORS STORED ON PALLETS AT THE FACILITY FOR DISPOSAL AT THE TIME OF THE INSPECTIONS (2/6/2007 AND 4/10/2008). THESE PCB CAPACITORS DID NOT HAVE THE OUT-OF-SERVICE DATES ON THEM SHOWING WHEN THEY WERE REMOVED FROM SERVICE. PURSUANT TO 40 CFR SECTION 761.65(c)(8), PCB ITEMS SHALL BE DATED ON THE ITEM WHEN THEY ARE REMOVED FROM SERVICE DISPOSAL . RESPONDENT FAILED TO PUT THE OUT-OF-SERVICE DATES ON THEIR PCB CAPACITORS. RESPONDENT FAILED TO CONDUCT AND MAINTAIN RECORDS OF INSPECTIONS ON THEIR PCB CAPACITORS AS REQUIRED BY 40 CFR SECTION 761.65(c)(5). RESPONDENT FAILED TO DEVELOP AND MAINTAIN AT ITS FACILITY ANY ANNUAL RECORDS AND THE WRITTEN ANNUAL DOCUMENT LOGS OF THE DISPOSITIONS OF ITS PCB AND PCB ITEMS AS REQUIRED BY 40 CFR SECTION 761.180(a)&(b).

Defendants (1)

• SVI CORPORATION (SB)Named in complaintNamed in settlement

Facilities (1)

• STOCKHAM VALVE INC.

  4000 10TH AVENUE, BIRMINGHAM, AL, 35234

  Registry ID: 110000825527

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• SVI CORPORATIONentered 2008-07-29

  Primary law: TSCA

  Federal penalty: $15,476

Timeline (4 milestones)

• 2008-07-29Complaint Filed/Proposed Order
• 2008-07-29Final Order Issued
• 2008-08-05Enforcement Action Data Entered
• 2008-08-25Enforcement Action Closed