EPA v. TCI OF ALABAMA, LLC

Case summary

2/6/13 - CONSENT AGREEMENT AND FINAL ORDER ASSESSING A PENALTY OF $30,090, DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT JAN 27, 2011, AN INSPECTION WAS CONDUCTED AT RESPONDENT'S FACILITY, TO DETERMINE COMPLIANCE WITH THE PCB REGULATIONS, AND WITH THE APPROVAL TO COMMERCIALLY STORE PCBs AND DECONTAMINATE PCB ITEMS. ON OCT 23, 2000, EPA ISSUED TCI AN APPROVAL TO COMMERCIALLY STORE PCBs AND DECONTAMINATE PCB ITEMS (APPROVAL). TCI'S APPROVAL WAS IN EFFECT UNTIL OCT 23, 2010. TCI SUBMITTED AN APPROVAL RENEWAL ON APR 20, 2010, WHICH AT THE TIME OF THIS CAFO IS STILL BEING REVIEWED BY EPA. PURSUANT TO SECTION I.E.2 OF THE OCT 23, 2000, APPROVAL, AT THE TIME OF EPA'S JAN 27, 2011, INSPECTION OF TCI'S FACILITY, AND AT THE TIME OF THIS CAFO, THE OCT 23, 2000, APPROVAL WAS AND IS STILL IN EFFECT. APPENDIX B, SECTION V OF THE APPROVAL STATES THAT TCI SHALL MAINTAIN AND OPERATE THE FACILITY TO PREVENT RELEASE OF PCBs TO THE ENVIRONMENT AND REDUCE PCB EXPOSURE TO ITS EMPLOYEES. CONCRETE THROUGHWAYS OF THE FACILITY WILL BE CONTINUALLY CHECKED FOR LEAKS AND SPILLS. ITEMS FOUND LEAKING ONTO THE FLOOR WILL BE MOVED TO A PROPER CONTAINMENT AREA AND/OR CONTAINER AND THE SPILL CLEANED UP WITHIN 24 HOURS OF DISCOVERY. ANY SPILL CLEANUPS SHALL BE DOCUMENTED AS REQUIRED BY 40 CFR 762.180(b)(1)(iii). DURING THE INSPECTION, EPA OBSERVED THAT TCI HAD FAILED TO PROVIDE ADEQUATE HOUSEKEEPING AS REQUIRED BY THE APPROVAL., NUMEROUS LEAKS, SPILLS, STAINING OF THE CONCRETE, DEBRIS, AND DUST WERE OBSERVED IN THE LOW LEVEL AREA. THEREFORE, RESPONDENT WAS IN VIOLATION OF APPENDIX B, SECTION V OF ITS APPROVAL AND 40 CFR 761.65(d)(4)(iv). SECTION III.F.1 OF THE APPROVAL STATES THAT PCB ITEMS MUST BE STORED IN A MANNER THAT PRESENTS NO DANGER TO EMPLOYEES AND DOES NOT IMPEDE ROUTINE INSPECTIONS CARRIED OUT BY TCI, AS REQUIRED BY THIS APPROVAL. AT THE TIME OF THE INSPECTION, ITEMS LOCATED IN THE LOW LEVEL AREA WERE NOT STORED IN A MANNER THAT ALLOWED FOR ADEQUATE ROUTINE INSPECTION. THEREFORE, RESPONDENT WAS IN VIOLATION OF SECTION III.F.1 OF ITS APPROVAL AND 40 CFR 761.65(d)(4)(iv).

Defendants (1)

• TCI OF ALABAMA, LLCNamed in complaintNamed in settlement

Facilities (4)

• TCI OF ALABAMA LLC

  101 PARKWAY EAST, PELL CITY, AL, 35125

  Registry ID: 110011846725

• TCI OF ALABAMA LLC

  101 PARKWAY EAST, PELL CITY, AL, 35125

  Registry ID: 110011846725

• TCI OF ALABAMA LLC

  101 PARKWAY EAST, PELL CITY, AL, 35125

  Registry ID: 110011846725

• TCI OF ALABAMA LLC

  101 PARKWAY EAST, PELL CITY, AL, 35125

  Registry ID: 110011846725

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• TCI OF ALABAMA, LLCentered 2013-02-06

  Primary law: TSCA

  Federal penalty: $30,090

Timeline (4 milestones)

• 2013-02-06Final Order Issued
• 2013-02-06Complaint Filed/Proposed Order
• 2013-02-07Enforcement Action Closed
• 2013-02-11Enforcement Action Data Entered