EPA v. THE UTILITIES BOARD OF THE CITY OF OPELIKA, ALABAMA

Case summary

7/24/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $3,612, TO BE PAID WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT SEPT 6, 2011, AN INSPECTION WAS CONDUCTED BY THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT (ADEM) AT RESPONDENT'S FACILITY, TO DETERMINE COMPLIANCE WITH THE PCB REGULATIONS. PURSUANT TO 40 CFR 761.30(l)(1)(i), THE USE AND STORAGE FOR REUSE OF PCB LARGE HIGH VOLTAGE CAPACITORS AND PCB LARGE LOW VOLTAGE CAPACITORS WHICH POSE AN EXPOSURE RISK TO FOOD AND FEED IS PROHIBITED. AT THE TIME OF THE INSPECTION, ADEM OBSERVED A SMALL PUMP HOUSE OPERATED BY RESPONDENT LOCATED ON THE EDGE OF SAUGAHATCHEE LAKE. THE SMALL PUMP HOUSE CONTAINED TWO CAPACITORS MANUFACUTRED BY CORNELL DUBILIER ELECTRIC CORPORATION IN PLAINSFIELD, NJ, CONTAINING 1.0 GALLON NON-FLAMMABLE FLUID. A MANUFACTURE DATE WAS NOT INDICATED ON THE NAMEPLATE OF EITHER CAPACITOR. BASED ON 40 CFR 761.2(a)(4), A CAPACITOR WITH AN UNKNOWN MANUFACTURE DATE IS ASSUMED TO CONTAIN GREATER THAN 500 PPM PCBs. EPA ALLEGES THAT THE CAPACITORS ARE PCB LARGE HIGH VOLTAGE CAPACITORS WHICH ARE IN CLOSE PROXIMITY TO DRINKING WATER AND POSE AN EXPOSURE RISK TO DRINKING WATER. THEREFORE, EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 761.30(l)(1)(i).

Defendants (1)

• THE UTILITIES BOARD OF THE CITY OF OPELIKA, ALNamed in complaintNamed in settlement

Facilities (1)

• OPELIKA UTILITIES (SAUGAHATCHEE WATER FILTERATION)

  4055 WATER STREET, OPELIKA, AL, 36801

  Registry ID: 110044226600

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• THE UTILITIES BOARD OF THE CITY OF OPELIKA, ALABAMAentered 2012-07-24

  Primary law: TSCA

  Federal penalty: $3,612

Timeline (4 milestones)

• 2012-07-24Final Order Issued
• 2012-07-24Complaint Filed/Proposed Order
• 2012-08-01Enforcement Action Data Entered
• 2012-08-09Enforcement Action Closed