EPA v. OAK RIDGE, TN, CITY OF, ELECTRIC DEPARTMENT

Case summary

10/28/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $8,700, DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT OCT 8, 2009, AN INSPECTION WAS CONDUCTED AT THE RESPONDENT'S FACILITY LOCATED AT 100 WOODBURY LANE, OAK RIDGE, TN, TO DETERMINE COMPLIANCE WITH THE PCB REGULATIONS. AT THE TIME OF THE INSPECTION, 8 PCB CONTAINERS WERE OBSERVED IN STORAGE WITHOUT THE ML MARK (FIVE 55-GAL PCB CONTAINERS HOLDING SOLID MATERIAL AND THREE 55-GAL PCB CONTAINERS WITH OIL, DESCRIBED AS PCB CONTAMINATED). AS SUCH, THE RESPONDENT VIOLATED 40 CFR 761.40(a)(1) AND 40 CFR 781.40(h) BY FAILING TO MARK THE CONTAINERS IN THEIR STORAGE AREA. AT THE TIME OF THE INSPECTION, IT WAS OBSERVED THAT THE BUSHING STOCK ROOM CONTAINED 3 ARTIBLE CONTAINERS WITH PCB-CONTAMINATED BUSHINGS, BUT WAS NOT MARKED. ADDITIONALLY, THE ROOM WAS INDOORS BUT THE CONCRETE FLOOR WAS NOT CONSTRUCTED WITH CURBING OF ANY DEPTH. AS SUCH, THE RESPONDENT VIOLATED 40 CFR 761.65(c)(3) BY FAILING THE MARK THE ENTRY TO THE BUSHING STOCK ROOM AND VIOLATED 40 CFR 761.65(b)(ii) BY STORING PCB-ARTICLES IN A FACILITY WITHOUT CONTINUOUS CURBING WITH A MINIMUM OF 6-INCH HIGH CURB. AT THE TIME OF THE INSPECTION, IT WAS OBSERVED THAT THE FACILITY FAILED TO INSCRIBE REMOVED FROM SERVICE DATES (RFS) ON PCB-CONTAMINATED TRANSFORMER UNITS AND PCB-CONTAMINATED BUSHINGS. ADDITIONALLY, THE FACILITY FAILED TO MAINTAIN A PERMANENT RECORD OF THE RFS DATES. AS SUCH, THE RESPONDENT VIOLATED 40 CFR 761.65(c)(8) FOR FAILING TO PLACE RFS DATES ON THE TRANSFORMERS AND BUSHINGS, AS WELL AS FAILING TO MAINTAIN A PERMANENT RECORD OF THESE DATES. AT THE TIME OF THE INSPECTION, THE REVIEW OF MANIFESTS AT THE FACILITY REVEALED THE FACILITY DID NOT UTILIZE ITS EPA ID NUMBER ON ITS MANIFEST. THE FACILITY SUBMITTED NOTIFICATION OF ITS STATUS AS A GENERATOR IN THE FALL OF 1996. THE FACILITY IS NOT AN EXEMPT GENERATOR AND IS THEREFORE REQUIRED TO USE ITS EPA ID NUMBER. REGARDLESS, THE FACILITY USES 40 CFR 761 AS ITS ID NUMBER ON MANIFESTS. AS SUCH THE RESPONDENT VIOLATED 40 CFR 761.205(c)(1) FOR FAILING TO UTILIZE ITS EPA ID NUMBER ON MANIFESTS.

Defendants (1)

• OAK RIDGE, TN, CITY OF, ELECTRIC DEPARTMENTNamed in complaintNamed in settlement

Facilities (1)

• CITY OF OAK RIDGE

  100 WOODBURY LANE, OAK RIDGE, TN, 37830

  Registry ID: 110004953765

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• OAK RIDGE, TN, CITY OF, ELECTRIC DEPARTMENTentered 2010-10-28

  Primary law: TSCA

  Federal penalty: $8,700

Timeline (4 milestones)

• 2010-10-28Final Order Issued
• 2010-10-28Complaint Filed/Proposed Order
• 2010-11-03Enforcement Action Data Entered
• 2010-11-16Enforcement Action Closed