EPA v. PENN A KEM, LLC

Case summary

8/27/08 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4,385. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ALLEGATIONS: ON OR ABOUT FEB 21, 2007, AN INSPECTION WAS CONDUCTED AT RESPONDENT'S FACILITY. AT THE TIME OF THE INSPECTION, RESPONDENT POSSESSED A WESTINGHOUSE TRANSFORMER WHICH CONTAINED 324 GALLONS OF FLUID WITH A PCB CONCENTRATION GREATER THAN 500,000 PPM. THIS PCB TRANSFORMER WAS LOCATED WITHIN A FENCED AREA REFERRED TO AS THE HYDRO SUBSTATION. THE HYDRO SUBSTATION HAD TWO GATES THAT ALLOWED ACCESS TO THE PCB TRANSFORMER. RESPONDENT FAILED TO MARK WITH A LARGE PCB MARK ONE OF THE GATES ALLOWING ACCESS TO THE PCB TRANSFORMER LOCATED AT THE HYDRO SUBSTATION. AT THE TIME OF THE INSPECTION, RESPONDENT POSSESSED A WESTINGHOUSE TRANSFORMER WHICH CONTAINED 320 GALLONS OF FLUID WITH A PCB CONCENTRATION OF GREATER THAN 500,000 PPM. THIS PCB TRANSFORMER WAS LOCATED WITHIN A FENCED AREA REFERRED TO AS THE PMEG1. THIS FENCED AREA HAD TWO GATES THAT ALLOWED ACCESS TO THE PCB TRANSFORMER. RESPONDENT FAILED TO MARK WITH A LARGE PCB MARK EITHER OF THE TWO GATES ALLOWED ACCESS TO THE PCB TRANSFORMER LOCATED AT THE PMEG1 AREA AS REQUIRED BY 40 CFR 761.40(j).

Defendants (1)

• PENN A KEM, LLCNamed in complaintNamed in settlement

Facilities (2)

• PENNAKEM, LLC (PREVIOUSLY QUAKER OATS)

  3324 CHELSEA AVENUE, MEMPHIS, TN, 381080035

  Registry ID: 110009446643

• PENNAKEM, LLC (PREVIOUSLY QUAKER OATS)

  3324 CHELSEA AVENUE, MEMPHIS, TN, 381080035

  Registry ID: 110009446643

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• PENN A KEM, LLCentered 2008-08-27

  Primary law: TSCA

  Federal penalty: $4,385 · SEP: $59,800

Timeline (4 milestones)

• 2008-08-27Final Order Issued
• 2008-08-27Complaint Filed/Proposed Order
• 2008-09-03Enforcement Action Data Entered
• 2008-09-11Enforcement Action Closed