EPA v. FAIRHOPE PUBLIC UTILITY

Case summary

9/14/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,800, DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT MAY 4, 1009, AN INSPECTION WAS CONDUCTED AT RESPONDENT'S FACILITY. AT THE TIME OF THE INSPECTION, LEAKING TRANSFORMERS STORED FOR DISPOSAL WERE STAGED ON SPILL CONTROL PALLETS LOCATED INSIDE A SMALL ROOM IN THE SERVICE TRUCK GARAGE THAT HAS ACCESS DOORS TO THE PARKING LOT AND TO THE INTERIOR OF THE GARAGE. THE OUTER DOORS WERE OBSERVED TO HAVE BEEN RECENTLY REPAINTED. HOWEVER THE MARKINGS FOR PCB STORAGE HAD NOT BEEN REPLACED. THE INTERIOR DOORS, TO WHICH THE PAINTERS DID NOT HAVE ACCESS, BORE A LABEL READING, WARNING, PCB CONTAMINANTS. HOWEVER, THIS LABEL WAS NOT A PCB LARGE MARK AS REQUIRED BY 40 CFR 761.45. THEREFORE, RESPONDENT HAS VIOLATED 40 CFR 761.40(a)(10). DURING THE INSPECTION, RESPONDENT WAS UNABLE TO PRODUCE RECORDS OF INSPECTIONS, MAINTENANCE, CLEANUP OR DISPOSAL, OR PRODUCE THE ANNUAL LOGS WHICH ARE REQUIRED TO BE MAINTAINED UNDER 40 CFR 761.180(a) AND (b). THEREFORE, RESPONDENT VIOLATED 40 CFR 180(a) AND (b).

Defendants (1)

• FAIRHOPE PUBLIC UTILITIESNamed in complaintNamed in settlement

Facilities (1)

• FAIRHOPE PUBLIC UTILITIES

  555 SOUTH SECTION STREET, FAIRHOPE, AL, 36533

  Registry ID: 110039159246

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• FAIRHOPE PUBLIC UTILITYentered 2010-09-14

  Primary law: TSCA

  Federal penalty: $1,800

Timeline (4 milestones)

• 2010-09-14Complaint Filed/Proposed Order
• 2010-09-14Final Order Issued
• 2010-09-15Enforcement Action Data Entered
• 2010-10-07Enforcement Action Closed