EPA v. BENTON COUNTY ELECTRIC SYSTEM

Case summary

3/8/13 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $650, TO BE PAID WITHIN 30 DAYS. ALLEGATIONS: ON JUNE 9, 2011, AN INSPECTION OF RESPONDENT'S FACILITY WAS CONDUCTED BY TN DEPT OF ENVIRONMENTAL CONTROL, BY BEHALF O EPA. AT THE TIME OF THE INSPECTION, THE FACILITY WAS IN OPERATION. THE PURPOSE OF THE INSPECTION WAS TO DETERMINE RESPONDENT'S COMPLIANCE WITH TSCA AND THE PCB REGS FOUND AT 40 CFR PART 761. 40 CFR 761.65(a)(1) REQUIRES PCB WASTE TO BE DISPOSED OF WITHIN 1 YEAR FROM THE DATE IT WAS DETERMINED TO BE PCB WASTE AND THE DECISION WAS MADE TO DISPOSE OF IT. THIS DATE IS THE DATE OF REMOVAL FROM SERVICE FOR DISPOSAL AND THE POINT AT WHICH THE 1-YEAR TIME FRAME FOR DISPOSAL BEGINS. ACCORDING TO RESPONDENT'S ANNUAL DOCUMENT LOG (ADL) FOR 2007, RESPONDENT REMOVAL TWO PCB-CONTAMINATED TRANSFORMERS FROM SERVICE, FOR DISPOSAL, IN JANUARY 2007. ON JANUARY 22, S007, RESPONDENT REMOVED FROM SERVICE A TRANSFORMER AND ON JANUARY 26, 2007 ANOTHER TRANSFORMER. THE TRANSFORMERS WERE REPORTED AS CONTAINING PCBs AT A CONCENTRATION OF 59 PPM AND 117PPM, RESPECTIVELY. THESE TWO TRANSFORMERS WERE SHIPPED OFF-SITE TO A DISPOSAL FACILITY ON DEC 20, 2007, BUT NOT FINALLY DISPOSED UNTIL MARCH 12, 2008, WHICH IS MORE THAN 1 YEAR AFTER THE TRANSFORMERS HAD BEEN REMOVED FROM SERVICE FOR DISPOSAL. THEREFORE, EPA ALLEGES THE RESPONDENT VIOLATED 40 CFR 761.65(a)(1). PURSUANT TO THE REQUIREMENTS SET FORTH IN 40 CFR 761.180(a)(2)(i), THE ADL IS REQUIRED TO INCLUDE, AMONG OTHER THINGS, THE ADDRESS OF THE FACILITY COVERED BY THE ADL. RESPONDENT'S PCB STORAGE BUILDING IS AT 925 HWY 70 EAST, CAMDEN, TN. HOWEVER, THE ADDRESS IN PART 1 AND 2 OF THE ADL WAS 115 SOUTH CHURCH STREET, CAMDEN, TN. THEREFORE, EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 CFR 761.180(a)(2)(i).

Defendants (1)

• BENTON COUNTY ELECTRIC SYSTEMNamed in complaintNamed in settlement

Facilities (1)

• BENTON COUNTY ELECTRIC SYSTEMS

  925 HIGHWAY 70 EAST, CAMDEN, TN, 38320

  Registry ID: 110043706674

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• BENTON COUNTY ELECTRIC SYSTEMentered 2013-03-08

  Primary law: TSCA

  Federal penalty: $650

Timeline (4 milestones)

• 2013-03-08Complaint Filed/Proposed Order
• 2013-03-08Final Order Issued
• 2013-03-13Enforcement Action Data Entered
• 2013-03-26Enforcement Action Closed