EPA v. PERIMETER PROPERTIES

Case summary

8/16/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,850. RESPONDENT ALSO AGREES TO PERFORM A SEP. ALLEGATIONS: ON OR ABOUT JUNE 18, 2008, AN INSPECTION WAS CONDUCTED AT RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH REGULATIONS PROMULGATED UNDER TSCA SECTION 6(e) PERTAINING TO PCBs. AT THE TIME OF THE INSPECTION, RESPONDENT POSSESSED A ITE TRANSFORMER WHICH CONTAINED 465 CALLONS OF FLUID WITH A PCB CONCENTRATION GREATER THAN 500 PPM, A GENERAL ELECTRIC TRANSFORMER WHICH CONTAINED 159 GALLONS OF FLUID WITH A CONCENTRATION GREATER THAN 500 PPM, AND A MOLONEY TRANSFORMER WHICH CONTAINED 620 GALLONS OF FLUID WITH A PCB CONCENTRATION GREATER THAN 500 PPM. THESE TRANSFORMERS WERE LOCATED IN ENCLOSED AREAS WITHIN THE FACILITY. PURSUANT TO 40 CFR 761.30(a)(1)(iii), COMBUSTIBLE MATERIALS, INCLUDING, BUT NOT LIMITED TO PAINTS, SOLVENTS, PLASTICS, PAPER, AND SAWN WOOD MUST NOT BE STORED WITHIN A PCB TRANSFORMER ENCLOSURE, WITHIN 5 METERS OF A TRANSFORMER ENCLOSURE OR IF UNENCLOSED WITHIN 5 METERS OF A TRANSFORMER. RESPONDENT FAILED TO KEEP COMBUSTIBLE MATERIALS FROM WITHIN 5 METERS OF THE TRANSFORMER ENCLOSURE AS REQUIRED IN 40 CFR 761.30(a)(1)(iii). ORDER REQUIRES: RESPONDENT SHALL COMPLETE THE FOLLOWING SEP: A. BY OCT 30, 2009, RESPONDENT SHALL REMOVE FROM USE AND APPROPRIATELY DISPOSE OF THE 3 PCB TRANSFORMERS IN ITS POSSESSION. B. BY OCT 30, 2009, RESPONDENT SHALL REPLACE, IF NECESSARY, ALL PCB TRANSFORMERS REMOVED AND DISPOSED OF PURSUANT TO THIS SEP WITH TRANSFORMERS THAT DO NOT CONTAIN PCBs. THE TOTAL EXPENDITURE FOR THE SHALL SHALL NOT BE LESS THAN $11,400. RESPONDENT SHALL SUBMIT A SEP COMPLETION REPORT TO EPA WITHIN 30 DAYS AFTER COMPLETION OF THE SEP.

Defendants (1)

• PERIMETER PROPERTIES, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• PERIMETER PROPERTIES LLC

  1919 POLYMER DRIVE, CHATTANOOGA, TN, 37412

  Registry ID: 110037077383

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• PERIMETER PROPERTIESentered 2009-09-16

  Primary law: TSCA

  Federal penalty: $2,850 · SEP: $11,400

Timeline (4 milestones)

• 2009-09-16Enforcement Action Closed
• 2009-09-16Enforcement Action Data Entered
• 2009-09-16Complaint Filed/Proposed Order
• 2009-09-16Final Order Issued