EPA v. ALABAMA METAL INDUSTRIES CORPORATION

Case summary

11/19/2013 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $9,638. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: RESPONDENT COULD NOT PROVIDE ANY DOCUMENTAION TO PROVE HOW LONG THE TWELVE (12) GENERAL ELECTRIC PRANOL CAPACITORS HAD BEEN STORED ON-SITE. THE THREE (3) WESTINGHOUSE INERTEEN PCB CAPACITORS HAD BEEN OUT OF SERVICE SINCE 1982 OR 1983. THEREFORE, RESPONDENT VIOLATED 40 CFR SECTION 765.65(a)(1). AT THE TIME OF THE INSPECTION, THE THREE (3) LARGE WESTINGHOUSE INERTEEN PCB CAPACITORS AND THE TWELEVE (12) GENERAL ELECTRIC PYRANOL CAPACITORS BEING STORED ON-SITE AWAITING DISPOSAL WERE NOT MARKED WITH THE DATES WHEN THEY WERE REMOVED FROM SERVICE. THEREFORE, THE RESPONDENT VIOLATED 40 CFR SECTION 761.65(c)(8). AT THE TIME OFTHE INSPECTION, THE THREE (3) LARGE WESTINGHOUSE INERTEEN PCB CAPACITORS AND THE TWELVE (12) GENERAL ELECTRIC PYRANOL CAPACITORS WERE NOT MARKED WITH THE APPROPRIATE PCB LABEL. THEREFORE, THE RESPONDENT VIOLATED 40 CFR SECTION 761.40(a)(1). AT THE TIME OF THE INSPECTION, THE RESPONDENT WAS STORING THE THREE (3) LARGE WESTINGHOUSE INERTEEN PCB CAPACITORS AND THE TWELVE (12) GENERAL ELECTRIC PYRANOL CAPACITORS IN AREAS WITHOUT PROPER CURBING OR A NON-POROUS FLOOR. THEREFORE, THE RESPONDENT VIOLATED 40 CFR SECTION 761.65(b).

Defendants (1)

• ALABAMA METAL INDUSTRIES CORPORATIONNamed in complaintNamed in settlement

Facilities (4)

• ALABAMA METAL INDUSTRIES CORP

  3245 FAYETTE AVENUE, BIRMINGHAM, AL, 35208-4822

  Registry ID: 110000366666

• ALABAMA METAL INDUSTRIES CORP

  3245 FAYETTE AVENUE, BIRMINGHAM, AL, 35208-4822

  Registry ID: 110000366666

• ALABAMA METAL INDUSTRIES CORP

  3245 FAYETTE AVENUE, BIRMINGHAM, AL, 35208-4822

  Registry ID: 110000366666

• ALABAMA METAL INDUSTRIES CORP

  3245 FAYETTE AVENUE, BIRMINGHAM, AL, 35208-4822

  Registry ID: 110000366666

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• ALABAMA METAL INDUSTRIES CORPORATIONentered 2013-11-19

  Primary law: TSCA

  Federal penalty: $9,638

Timeline (4 milestones)

• 2013-11-19Final Order Issued
• 2013-11-19Complaint Filed/Proposed Order
• 2013-11-22Enforcement Action Closed
• 2013-12-20Enforcement Action Data Entered