EPA v. EUREKA FOUNDRY

Case summary

6/4/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,200, PLUS INTEREST, WHICH SHALL BE PAID IN 3 PAYMENTS. THE FIRST PAYMENT OF $400 SHALL BE PAID WITHIN 30 DAYS. THE SECOND PAYMENT OF $402.63, SHALL BE MADE NO LATER THAN 9/15/10. THE PAYMENT PAYMENT OF $401.32 SHALL BE MADE NO LATER THAN 1/15/11. ALLEGATIONS: ON JAN 27, 2009, AN INSPECTION WAS CONDUCTED BY REPRESENTATIVES OF THE TN DEPT OF ENVIRONMENT AND CONSERVATION (TDEC) AT RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH REGULATIONS PROMULGATED UNDER TSCA SECTION 6(e) PERTAINING TO PCBs. DURING THE INSPECTION, TDEC OBSERVED THAT RESPONDENT WAS STORING A GENERAL ELECTRIC TRANSFORMER THAT WAS DISCONNECTED AND HAD BEEN IN STORAGE FOR LONGER THAN 5 YEARS. THE TRANSFORMER WAS FOUND TO CONTAIN 117.6 PPM PCBs. OTHER PCB ITEMS AT THE FACILITY INCLUDED IN-USE CAPACITORS, WHICH ARE LOCATED IN A ROOM BELOW THE FURNACE. PURSUANT TO 40 CFR 761.65(a)(1), PCB WASTE SHALL BE DISPOSED OF AS REQUIRED WITHIN ONE YEAR FROM THE DATE IT WAS DETERMINED TO BE PCB WASTE. THE GE TRANSFORMER WAS NOT DISPOSED OF WITHIN 1 YEAR. PURSUANT TO 40 CFR 761.40, PCB CAPACITORS SHALL BE MARKED WITH THE ML MARKING ILLUSTRATED IN 40 CFR 761.45(a). THE IN-USE CAPACITORS AND THE BUILDING HOUSING THE FURNACE WERE NOT MARKED AS REQUIRED.

Defendants (1)

• EUREKA FOUNDRY (SB)Named in complaintNamed in settlement

Facilities (1)

• EUREKA FOUNDRY

  1601 CARTER STREET (NOW REGGIE WHITE BLVD), CHATTANOOGA, TN, 37402

  Registry ID: 110000371632

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• EUREKA FOUNDRYentered 2010-06-04

  Primary law: TSCA

  Federal penalty: $1,200

Timeline (4 milestones)

• 2010-06-04Complaint Filed/Proposed Order
• 2010-06-04Final Order Issued
• 2010-07-02Enforcement Action Data Entered
• 2011-01-27Enforcement Action Closed