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04-2008-2538Administrative - FormalClosedFY 2008· Region 04

EPA v. RED DIAMOND COFFEE & TEA

Final Order With Penalty

Case summary

7/29/2008 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,902. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: ON OR ABOUT APRIL 22, 2008, AN INSPECTION WAS CONDUCTED AT RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH REGULATIONS PROMULGATED UNDER SECTION 6(e) OF TSCA PERTAINING TO PCBs. RESPONDENT HAD A BANK OF THREE WESTINGHOUSE (PCB) CAPACITORS, HANGING ON THE WALL OF THE TEA AND COFFEE PACKAGING ROOM THE COFFEE PACKAGING MACHINE WAS LOCATED WITHIN FIVE FEET BENEATH THE CAPACITORS. PURSUANT TO 40 CFR SECTION 761.309a)(1)(i), AFTER OCTOBER 1, 1988, THE USE AND STORAGE FOR REUSE OF PCB LARGE HIGH VOLTAGE CAPACITORS AND PCB LARGE LOW VOLTAGE CAPACITORS WHICH POSE A RISK TO FOOD OR FEED IS PROHIBITED.

Defendants (1)

  • RED DIAMOND & TEA (SB)Named in complaintNamed in settlement

Facilities (1)

  • WATER SCIENCE TECHNOLOGIES LLC

    1701 VANDERBILT ROAD, BIRMINGHAM, AL, 35234

    Registry ID: 110003021827

Statutes cited

  • TSCA 6-PCBSPCBS

Enforcement conclusions (1)

  • RED DIAMOND COFFEE & TEAentered 2008-07-29

    Primary law: TSCA

    Federal penalty: $2,902

Timeline (4 milestones)

  • 2008-07-29Final Order Issued
  • 2008-07-29Complaint Filed/Proposed Order
  • 2008-07-31Enforcement Action Data Entered
  • 2008-08-05Enforcement Action Closed

Case metadata

EPA activity ID
1000012706
Case number
04-2008-2538
Lead agency
EPA
EPA region
04
Voluntary self-disclosure
No
Primary statute
PCBS

Sourced verbatim from EPA ECHO Enforcement Case Report for case 04-2008-2538 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.