EPA v. PSC METALS, INC.

Case summary

2/20/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6,448, DUE WITHIN 30 DAYS. SPECIFIC ALLEGATIONS: ON OR ABOUT AUGUST 28, 2007, AN INSPECTION WAS CONDUCTED AT RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH REGULATIONS PERTAINING TO PCBs. DURING THE INSPECTION, THE INSPECTOR REQUESTED RECORDS PERTAINING TO PCBs. RESPONDENT INDICATED AT THE TIME OF THE INSPECTION THAT THEY POSSESSED SUCH RECORDS, BUT THE INSPECTOR WAS NOT ALLOWED ACCESS TO THE RECORDS REQUESTED. ALTHOUGH RESPONDENT FAILED TO PERMIT THE INSPECTION OF RECORDS PERTAINING TO PCBs AT THE TIME OF THE INSPECTION, THE INSPECTOR PROVIDED A LIST OF NECESSARY RECORDS AND THE RESPONDENT WAS GIVEN THE OPPORTUNITY TO SEND THE RECORDS TO THE INSPECTOR. RESPONDENT FAILED TO SEND ANY PCB RECORDS TO THE INSPECTOR. RESPONDENT OFFERED TO PROVIDE THE RECORDS TO EPA DURING AN INITIAL ENFORCEMENT SHOW CAUSE CONFERENCE CALL ON SEPT 16, 2008. EPA INDICATED THAT RESPONDENT NEED NOT SUBMIT ANY RECORDS TO EPA AND THAT THE RECORDS COULD BE REVIEWED IN A FUTURE ON-SITE INSPECTION. PURSUANT TO 15 U.S.C. 2614, IT IS UNLAWFUL FOR ANY PERSON TO FAIL TO REFUSE TO (3)(A) ESTABLISH TO MAINTAIN RECORDS; (B) SUBMIT REPORTS, NOTICES OR OTHER INFORMATION; OR (C) PERMIT ACCESS TO OR COPYING OF RECORDS AS REQUIRED BY THIS CHAPTER (I.E., CHAPTER 53 OF TITLE 15 OF THE CODE OF LAWS OF THE UNITED STATES) OR A RULE THEREUNDER; OR (4) FAIL OR REFUSE TO PERMIT ENTRY OR INSPECTION AS REQUIRED BY SECTION 2610 OF THIS TITLE. RESPONDENT VIOLATION 15 U.S.C. 2614 BY NOT PERMITTING ACCESS TO PCB RECORDS AT THE TIME OF THE INSPECTION.

Defendants (1)

• PSC METALS, INC.Named in complaintNamed in settlement

Facilities (1)

• PHILIP METALS INC/STEINER-LIFF/PSC METALS, INC.

  710 S FIRST STREET, NASHVILLE, TN, 37213

  Registry ID: 110004962559

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• PSC METALS, INC.entered 2009-02-20

  Primary law: TSCA

  Federal penalty: $6,448

Timeline (4 milestones)

• 2009-02-20Complaint Filed/Proposed Order
• 2009-02-20Final Order Issued
• 2009-02-26Enforcement Action Data Entered
• 2009-03-13Enforcement Action Closed