EPA v. RIVIERA UTILITIES

Case summary

9/1/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,535, DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT FEB 22, 2010, ADEM CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY. ADEM REVIEWED RECORDS SHOWING THAT A WESTINGHOUSE TRANSFORMER, 15 KVA, SERIAL NUMBER 58M9079, HAD BEEN SAMPLED ON JULY 3, 2001, AND THAT THE FLUID WAS DETERMINED TO CONTAIN 259 PPM PCBs. ADEM ALSO DETERMINED BASED ON A REVIEW OF RECORDS THAT FLORIDA TRANSFORMER HAD REMOVED THE TRANSFORMER FROM RIVIERA UTILITIES ON A NON-HAZARDOUS WASTE MANIFEST ON JULY 12, 2007. DURING THE INSPECTION, RESPONDENT WAS UNABLE TO PRESENT TO ADEM A CERTIFICATE OF DISPOSAL FOR THE WESTINGHOUSE TRANSFORMER. PURSUANT TO 40 CFR 761.207(a), A GENERATOR WHO RELINQUISHES CONTROL OVER PCB WASTES BY TRANSPORTING, OR OFFERING FOR TRANSPORT BY HIS OWN VEHICLE OR BY A VEHICLE OWNED BY ANOTHER PERSON, PCB WASTE FOR COMMERCIAL OFF-SITE STORAGE OR OFF-SITE DISPOSAL SHALL PREPARE A MANIFEST ON EPA FORM 8700-22, AND IF ENCESSARY, A CONTINUATION SHEET. BY FAILING TO CORRECTLY MANIFEST THE DISPOSAL OF THE WESTINGHOUSE TRANSFORMER ON EPA FORM 8700-22 RESPONDENT VIOLATED 40 CFR 761.207(a). PURSUANT TO 40 CFR 761.218(d)(1), GENERATOR OF PCB WASTE SHALL KEEP A COPY OF EACH CERTIFICATE OF DISPOSAL THAT THEY RECEIVE FROM DISPOSERS OF PCB WASTE AMONG THE RECORDS THEY RETAIN UNDER 40 CFR 761.180(a). AT THE TIME OF THE INSPECTION, RESPONDENT WAS UNABLE TO PRODUCE A COPY OF THE CERTIFICATE OF DISPOSAL FOR THE WESTINGHOUSE TRANSFORMER. A COPY OF THE CERTIFICATE OF DISPOSAL WAS LATER RECEIVED BY ADEM ON FEB 26, 2010. BY FAILING TO MAINTAIN THE CERTIFICATE OF DISPOSAL ONSITE, RESPONDENT VIOLATED 40 CFR 761.218(d)(1).

Defendants (1)

• RIVIERA UTILITIESNamed in complaintNamed in settlement

Facilities (2)

• RIVIERA UTILITIES

  413 EAST LAUREL AVENUE, FOLEY, AL, 36535

  Registry ID: 110009456463

• RIVIERA UTILITIES

  413 EAST LAUREL AVENUE, FOLEY, AL, 36535

  Registry ID: 110009456463

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• RIVIERA UTILITIESentered 2010-09-01

  Primary law: TSCA

  Federal penalty: $1,535

Timeline (4 milestones)

• 2010-09-01Complaint Filed/Proposed Order
• 2010-09-01Final Order Issued
• 2010-09-14Enforcement Action Closed
• 2010-09-18Enforcement Action Data Entered