EPA v. CLEAN HARBORS PPM, LLC

Case summary

3/1/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $10,640 DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT MARCH 30, 2011, AN INSPECTION WAS CONDUCTED BY EPA AT RESPONDENT'S FACILITY. PURSUANT TO 40 CFR 761.40(a)(1), ALL PCB CONTAINERS SHALL BE MARKED WITH A PCB ML MARK. DURING THE INSPECTION, THE EPA'S INSPECTORS OBSERVED PCB CONTAINERS, INCLUDING BUCKETS, DRIP PANS, WASTE CONTAINERS, AND DRUMS IN THE TANK FARM AREA, THE STORAGE AREA AND THE LAB THAT DID NOT HAVE A PCB ML LABEL. THEREFORE, EPA ALLEGES THAT RESPONDENT VIOLATION 40 CFR 761.40(a)(1). PURSUANT TO 40 CFR 761.40(c)(6), ALL PCB CONTAINERS SHALL BE CLOSED. DURING THE INSPECTION, THE EPA'S INSPECTORS OBSERVED PCB CONTAINERS IN THE TANK FARM AREA WHICH WERE OPEN. THEREFORE, THE EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 761.40(a)(1). PURSUANT TO 40 CFR 761.40(a)(2), ALL PCB TRANSFORMERS SHALL BE MARKED WITH THE PCB ML MARKING. DURING THE INSPECTION, THE EPA'S INSPECTORS OBSERVED PCB TRANSFORMERS STORED FOR DISPOSAL IN THE DESIGNATED PCB STORAGE AREA AND ON THE TRAILER IN THE LOADING AREA WHICH DID NOT HAVE A ML MARK. THEREFORE, THE EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 761.40(a)(2). PURSUANT TO CLEAN HARBORS APPROVAL REQUIREMENT B.7.a ADEQUATE AISLE SPACE WITHIN THE CONTAINER STORAGE AREA IN WAREHOUSE 2 MUST BE MAINTAINED AT ALL TIMES TO ALLOW ACCESS FOR PURPOSES OF INSPECTION AND SPILL RESPONSE FOR LEAKING CONTAINERS. DURING THE INSPECTION, THE EPA'S INSPECTORS OBSERVED THAT THERE WAS NO AISLE SPACE IN THE CONTAINER STORAGE AREA IN WAREHOUSE 2. THEREFORE, THE EPA ALLEGES THAT RESPONDENT VIOLATED CLEAN HARBORS APPROVAL REQUIREMENT B.7.a. PURSUANT TO 40 CFR 761.40(b), VEHICLES THAT TRANSPORT PCB CONTAINERS THAT CONTAIN MORE THAN 45 KG OF LIQUID PCBs AT CONCENTRATIONS OF GREATER 50 PPM OR WITH ONE OR MORE PCB TRANSFORMERS SHALL BE MARKED ON EACH END AND EACH SIDE WITH THE PCB ML MARK. DURING THE INSPECTION, THE EPA'S INSPECTORS OBSERVED THAT THE TRAILER HOLDING NUMEROUS PCB TRANSFORMERS LOCATED IN THE HOLDING AREA OF THE FACILITY WAS NOT MARKED WITH THE PCB ML MARK. THEREFORE, EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 761.40(b)

Defendants (1)

• CLEAN HARBORS PPM, LLCNamed in complaintNamed in settlement

Facilities (1)

• CLEAN HARBORS ENVIRONMENTAL SERVICES

  1875 FORGE STREEET, TUCKER, GA, 30084

  Registry ID: 110000788808

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• CLEAN HARBORS PPM, LLCentered 2012-03-01

  Primary law: TSCA

  Federal penalty: $10,640

Timeline (4 milestones)

• 2012-03-01Complaint Filed/Proposed Order
• 2012-03-01Final Order Issued
• 2012-03-08Enforcement Action Data Entered
• 2012-03-27Enforcement Action Closed