EPA v. BAGWELL FASTENERS, INC.

Case summary

11/7/08 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $12,000, DUE WITHIN 30 DAYS. ALLEGATIONS: RESONDENT OWNED 6 WESTINGHOUSE PCB CAPACITORS. PURSUANT TO 40 CFR 761.30, A VISUAL INSPECTION OF EACH PCB CAPACITOR SHALL BE PERFORMED AT LEAST ONCE EVERY 3 MONTHS TO CHECK FOR LEAKS AND RECORDS OF EACH INSPECTION AND MAINTENANCE HISTORY SHALL BE MAINTAINED AT THE FACILITY AND SHALL BE MADE AVAILABLE FOR INSPECTION UPON REQUEST BY EPA. RESPONDENT FAILED TO CONDUCT AND MAINTAIN RECORDS OF INSPECTION ON THEIR 6 PCB CAPACITORS FOR THE MONTHS OF JULY, JUNE, MAY, AND APRIL OF 2008 AND PRIOR MONTHS. PURSUANT TO 761.180(a), ALL OWNERS OF PCBs AND PCB ITEMS IN SERVICE OR PROJECTED FOR DISPOSAL, BEGINNING FEB 5, 1990, SHALL DEVELOP AND MAINTAIN AT TEH FACILITY ALL ANNUAL RECORDS AND THE WRITTEN ANNUAL DOCUMENT LOG OF THE DISPOSITION OF PCBs AND PCB ITEMS. RESPONDENT FAILED TO DEVELOP AND MAINTAIN ANNUAL RECORDS OF THE PCB CAPACITORS FOR CALENDAR YRS 2007, 2006, 2005, AND 2004 AND PRIOR YRS. PURSUANT TO 40 CFR 761.40, ALL PCB ITEMS IN EXISTENCE ON OR AFTER JULY 1, 1978, MUST BE MARKED WITH THE PCB LABEL AS ILLUSTRATED IN FIGURE 1 IN 761.45(a). RESPONDENT HAD 5 OF THEIR 6 PCB CAPACITORS MARKED WITH THE TSCA PCB LABEL, VIOLATING 40 CFR 761.40.

Defendants (1)

• BAGWELL FASTENERS, INC.Named in complaintNamed in settlement

Facilities (1)

• CFAST, LLC / BAGWELL FASTENERS, INC.

  801 43RD STREET NORTH, BIRMINGHAM, AL, 35212

  Registry ID: 110037233981

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• BAGWELL FASTENERS, INC.entered 2008-11-07

  Primary law: TSCA

  Federal penalty: $12,000

Timeline (4 milestones)

• 2008-11-07Final Order Issued
• 2008-11-07Complaint Filed/Proposed Order
• 2008-11-17Enforcement Action Closed
• 2008-12-02Enforcement Action Data Entered