EPA v. BRISTOL BROADCASTING (PARENT COMPANY OF WDXR RADIO)

Case summary

9/16/10 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,200, DUE WITHIN 30 DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ALLEGATIONS: PURSUANT TO 40 CFR 761.65(c)(8), PCB ITEMS MUST BE MARKED WITH THE DATE OF REMOVAL FROM SERVICE. RESPONDENT HAD NOT MARKED THE CAPACITORS WITH THE DATE OF REMOVAL FROM SERVICE. PURSUANT TO 40 CFR 761.65(a)(1), PCB WASTE SHALL BE DISPOSED OF WITHIN 1 YEAR FROM THE DATE IT WAS DETERMINED TO BE PCB WASTE. UPON THEIR REMOVAL FROM SERVICE IN 2004, THE CAPACITORS BECAME PCB WASTE. THE CAPACITORS WERE NOT DISPOSED OF WITHIN ONE YEAR OF THEIR BECOMING PCB WASTE. PURSUANT TO 40 CFR 761.65(c)(1), PCB HANDLERS MAY STORE PCB ITEMS IN TEMPORARY STORAGE AREA [i.e>, STORAGE AREAS THAT DO NOT FULLY COMPLY WITH 40 CFR 761.65(b)] FOR 30 DAYS. THE CAPACITORS WERE STORED IN AN AREA THAT DID NOT COMPLY WITH 40 CFR 761.65(b) FOR LONGER THAN 30 DAYS AT THE BRISTOL BROADCASTING'S WDXR FACILITY. PURSUANT TO 40 CFR 761.65(c)(5), PCB ITEMS MUST BE CHECKED FOR LEAKS AT LEAKS AT LEAST ONCE EVERY 30 DAYS. THERE WERE NO RECORDS OR EVIDENCE THAT THE PCB STORAGE AREA WAS INSPECTED FOR LEAKS AT LEAST ONCE EVERY 30 DAYS.

Defendants (1)

• BRISTOL BROADCASTING COMPANY (SB)Named in complaintNamed in settlement

Facilities (1)

• BRISTOL BROADCASTING COMPANY

  6000 WKYX-WKYQ ROAD, PADUCAH, KY, 42001

  Registry ID: 110011732321

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• BRISTOL BROADCASTING (PARENT COMPANY OF WDXR RADIO)entered 2010-09-16

  Primary law: TSCA

  Federal penalty: $1,200 · SEP: $4,500

Timeline (4 milestones)

• 2010-09-16Final Order Issued
• 2010-09-16Complaint Filed/Proposed Order
• 2010-09-18Enforcement Action Data Entered
• 2010-11-15Enforcement Action Closed