EPA v. SAWNEE EMC

Case summary

3/14/13 - CONSENT AGMT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $4,500, DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT NOV 8, 2011, AN INSPECTION WAS CONDUCTED BY EPA AT RESPONDET'S FACILITY TO DETERMINE COMPLIANCE WITH PCB REGS. AT THE TIME OF INSPECTION, THE FACILITY WAS IN OPERATION. PURSUANT TO 40 CFR 761.40(a)(10), STORAGE AREAS USED TO STORE PCBs AND PCB ITEMS SHALL BE PROPERLY MARKED WITH A PCB Ml LABEL. IN 1990, THE RESPONDENT NOTIFIED EPA THAT IT WAS A PCB GENERATOR. RESPONDENT STORES ALL THEIR PCB ITEMS FOR DISPOSAL IN A DESIGNATED PCB STORAGE AREA. EPA INSPECTOR OBSERVED AN UNMARKED DRUM CONTAINING A PCB TRANSFORMER STORED IN THE PCB STORAGE AREA DURING THE INSPECTION. THE PCB STORAGE AREA WAS NOT PROPERLY MARKED WITH PCB ML LABEL. THEREFORE, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 CFR 761.40(a)(10). PURSUANT TO 40 CFR 761.65(b) ALL PCB ITEMS DESIGNATED FOR DISPOSAL MUST BE STORED IN AN AREA WITH AN ADEQUATE ROOF, WALLS AND A NON-POROUS FLOOR WITH A MINIMUM 6-INCH CURBING. DURING THE INSPECTION, THE EPA INSPECTOR OBSERVED THAT SAWNEE EMC'S PCB STORAGE AREA DID NOT HAVE CONTINUOUS 6-INCH HIGH CURBING. THEREFORE, EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 761.65(b). PURSUANT TO 761.65(c)(5), PCB ITEMS STORED FOR DISPOSAL SHALL BE CHECKED FOR LEAKS AT LEAST ONCE EVERY 30 DAYS. RECORDS OF INSPECTION, MAINTENANCE, CLEANUP AND DISPOSAL MUST BE MAINTAINED IN ACCORDANCE WITH 40 CFR 761.180(a). DURING THE INSPECTION, THE EPA INSPECTOR OBSERVED PCB ITEMS STORED IN THE STORAGE AREA INCLUDING AN UNLABELED DRUM CONTAINING A PCB TRANSFORMER. THE EPA INSPECTOR DETERMINED THAT THE RESPONDENT HAD NOT BEEN PERFORMING INSPECTIONS OF THE PCB ITEMS STORED IN TEH PCB STORAGE EVERY 30 DAYS. THE REOCRDS OF INSPECTIONS, MAINTENANCE, CLEANUP AND DISPOSAL WERE NOT MAINTAINED AT THE FACILITY. THEREFORE, EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 CFR 761.65(c)(5). PURSUANT TO 40 CFR 761.207(a), A GENERATOR OF PCB WASTE WHO RELINQUISHES CONTROL OVER PCB WASTE FOR COMMERCIAL OFF-SITE STORAGE OR OFF-SITE DISPOSAL SHALL PREPARE A MANIFEST ON EPA FORM 8700-22 AND USE THE CORRECT EPA ID NUMBER THAT WAS ASSIGNED TO THE GENERATOR TO PROPERLY MANIFEST PCB WASTES FOR TRANSPORT AND/OR DISPOSAL. DURING THE RECORDS REVIEW AT THE FACILITY, THE EPA INSPECTOR OBSERVED INCORRECT EPA IN NUMBERS ON SEVERAL OF RESPONDENT'S MANIFESTS. THEREFORE, EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 CFR 761.207(a). PURSUANT TO 40 CFR 761.180(a), THE FACILITY IS REQUIRED TO MAINTAIN ALL RELEVANT RECORDS INCLUDING ANNUAL RECORDS ON THE DISPOSITION OF PCBs AND PCB ITEMS AND MAINTAIN ANNUAL DOCUMENT LOGS FOR ALL PCBs AND PCB ITEMS THAT WERE HANDLED AS PCB WASTE AT THE FACILITY. DURING THE INSPECTION, THE EPA INSPECTOR REQUESTED THREE YEARS OF RECORDS FOR REVIEW, INCLUDING COPIES OF PCB ANNUAL RECORDS (MANIFESTS AND CERTIFICATES OF DISPOSAL). THE RESPONDENT PROVIDED INCOMPLETE AND INACCURATE RECORDS AND ALSO WAS UNABLE TO PROVIDE THREE YRS OF ANNUAL DOCUMENT LOGS. THEREFORE, EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 761.180(a).

Defendants (1)

• SAWNEE EMCNamed in complaintNamed in settlement

Facilities (4)

• SAWNEE EMC

  543 ATLANTA HIGHWAY, CUMMING, GA, 30040

  Registry ID: 110001322426

• SAWNEE EMC

  543 ATLANTA HIGHWAY, CUMMING, GA, 30040

  Registry ID: 110001322426

• SAWNEE EMC

  543 ATLANTA HIGHWAY, CUMMING, GA, 30040

  Registry ID: 110001322426

• SAWNEE EMC

  543 ATLANTA HIGHWAY, CUMMING, GA, 30040

  Registry ID: 110001322426

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• SAWNEE EMCentered 2013-03-14

  Primary law: TSCA

  Federal penalty: $4,500

Timeline (4 milestones)

• 2013-03-14Final Order Issued
• 2013-03-14Complaint Filed/Proposed Order
• 2013-03-26Enforcement Action Closed
• 2013-03-26Enforcement Action Data Entered