EPA v. CENTURY COAL, LLC

Case summary

2/27/13-CONSENT AGMT AND FINAL ORDER ISSUED. PENALTY OF $15,000 DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT OCT 9, 2007, AN INSPECTION WAS CONDUCTED AT RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH PCB REGS. DURING THE INSPECTION, RESPONDENT WAS STORING FOR DISPOSAL 4 GENERAL ELECTRIC PLATFORM MOUNT TYPE TRANSFORMERS CONTAINING APPROX 321 GALS OF PCB FLUIDS EACH, TOTALING 1284 GALS. 2 OF THE TRANSFORMERS HAD PCB CONCENTRATIONS BETWEEN 50 AND 499 PPM; THESE 2 TRANSFORMERS WERE PCB-CONTAMINATED TRANSFORMERS.THE OTHER 2 TRANSFORMERS HAD PCB CONCENTRATIONS GREATER THAN 550 PPM AND WERE CONSIDERED TO BE PCB TRANSFORMERS. 40 CFR 761.65(a)(1) REQUIRES THAT ANY PCB WASTE MUST BE DISPOSED OF AS REQUIRED BY SUBPART D OF THE PCB REGS WITHIN 1 YR FROM THE DATE IT WAS DETERMINED TO BE PCB WASTE AND THE DECISION WAS MADE TO DISPOSE IT. DURING THE INSPECTION, RESPONDENT WAS UNABLE TO PROVIDE RECORDS OF ANY MONTHLY INSPECTIONS CONDUCTED BY RESPONDENT OR ANNUAL DOCUMENT LOGS INDICATING HOW LONG THE 4 GENERAL ELECTRIC PCB-CONTAMINATED AND PCB TRANSFORMERS HAD BEEN STORED FOR DISPOSAL ON-SITE, NOR WAS RESPONDENT ABLE TO DEMONSTRATE THAT THE TRANSFORMERS HAD BEEN PRESENT LESS THAN ONE YR. THEREFORE, RESPONDENT VIOLATED 40 CFR 761.65(a)(1). 40 CFR 761.65(c)(8) REQUIRES THAT PCB ITEMS, INCLUDING PCB-CONTAMINATED AND PCB TRANSFORMERS, MUST BE MARKED WITH THE DATE WHEN THEY WERE REMOVED FROM SERVICE FOR DISPOSAL. AT THE TIME OF THE INSPECTION, THE 4 GENERAL ELECTRIC PLATFORM-MOUNT TYPE PCB-CONTAMINATED AND PCB TRANSFORMERS BEING STORED ON-SITE AWAITING DISPOSAL WERE NOT MARKED WITH THE DATES WHEN THEY WERE REMOVED FROM SERVICE. THEREFORE, RESPONDENT VIOLATED 40 CFR 761.65(c)(8). 40 CFR 761.40(a)(10) REQUIRES THAT EACH STORAGE AREA USED TO STORE PCBs AND PCB ITEMS FOR DISPOSAL BE MARKED WITH AN Ml AS ILLUSTRATED IN FIGURE 1 IN 40 CFR 761.45(a). AT THE TIME OF THE INSPECTION, THE AREA WHERE THE 4 GENERAL ELECTRIC PLATFORM-MOUNT TYPE PCB-CONTAMINATED AND PCB TRANSFORMERS WERE BEING STORED ON-SITE AWAITING DISPOSAL WAS NOT MARKED WITH AN APPROPRIATE PCB LABEL. THEREFORE, RESPONDENT VIOLATED 40 CFR 761.40(a)(1) AS INCORPORATED BY 40 CFR 761.40(c)(3). 40 CFR 761.65(c)(5) REQUIRES THAT PCBs AND PCB ITEMS INCLUDING PCB TRANSFORMERS AND PCB-CONTAMINATED TRANSFORMERS HELD IN STORAGE FOR DISPOSAL SHALL BE CHECKED FOR LEAKS AT LEAST ONCE EVERY 30 DAYS. 40 CFR 761.180(a)(1)(iii) REQUIRES RECORDS OF INSPECTIONS AND CLEANUPS PERFORMED IN ACCORDANCE WITH 40 CFR 761.65(c)(5). AT THE TIME OF THE INSPECTION, RESPONDENT HAD NO RECORDS DOCUMENTING THAT THE 4 GENERAL ELECTRIC PLATFORM-MOUNT TYPE PCB-CONTAMINATED AND PCB TRANSFORMERS HAD BEEN CHECKED FOR LEAKS AT LEAST ONCE EVERY 30 DAYS. THEREFORE, RESPONDENT VIOLATED 40 CFR 761.65(c)(5) AND 761.180(a)(1)(iii). 40 CFR 761.180(a) REQUIRES EACH OWNER OR OPERATOR OF A FACILITY, OTHER THAN A COMMERCIAL STORER OR A DISPOSER OF PCB WASTE, USING OR STORING AT ANY ONE TIME AT LEAST 45 kg (99.4 LBs) OR PCBs CONTAINED IN PCB CONTAINERS, OR ONE OR MORE PCB TRANSFORMERS, OR 50 OR MORE PCB LARGE HIGH OR LOW VOLTAGE CAPACITORS SHALL DEVELOP AND MAINTAIN AT THE FACILITY, OR A CENTRAL FACILITY PROVIDED THAT THEY ARE MAINTAINED AT THAT FACILITY, ALL ANNUAL RECORDS AND THE WRITTEN ANNUAL DOCUMENT LOG OF THE DISPOSITION OF PCB AND PCB ITEMS. DURING THE INSPECTION, ANNUAL DOCUMENT LOGS SHOWING THE DISPOSITION OF PCBS AND PCB ITEMS WERE NOT BEING MAINTAINED AT THE FACILITY. THEREFORE, RESPONDENT VIOLATED 40 CFR 761.180(a). 40 CFR 761.65(b) REQUIRES THAT PCB AND PCB ITEMS DESIGNATED FOR DISPOSAL MUST BE STORED IN AN AREA WHICH HAS AN ADEQUATE ROOF AND WALLS TO PREVENT RAIN WATER FROM REACHING STORED PCBs AND PCB ITEMS AND A NON-POROUS FLOOR WITH CONTINUOUS CURBING WITH A MINIMUM 6-INCH HIGH CURB. AT THE TIME OF THE INSPECTION, RESPONDENT WAS STORING THE 4 GENERAL ELECTRIC PLATFORM-MOUNT TYPE PCB-CONTAMINATED AND PCB TRANSFORMERS OUTSIDE ON PALLETS ON UNPAVED GROUND. THEREFORE, RESPONDENT VIOLATED 40 CFR 761.65(d)

Defendants (1)

• CENTURY COAL, LLCNamed in complaintNamed in settlement

Facilities (1)

• CENTURY COAL

  19485 SOUTH HIGHWAY 66, BEVERLY, KY, 40913

  Registry ID: 110035848447

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• CENTURY COAL, LLCentered 2013-02-27

  Primary law: TSCA

  Federal penalty: $15,000

Timeline (4 milestones)

• 2013-02-27Complaint Filed/Proposed Order
• 2013-02-27Final Order Issued
• 2013-03-20Enforcement Action Data Entered
• 2013-04-16Enforcement Action Closed