EPA v. STOVE HOUSE 5, INC. (aka LSINC)

Case summary

11/7/13 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,233, DUE WITHIN 30 DAYS. ALLEGATIONS: RESPONDENT WAS A USER OF PCB ITEMS OPERATING IN THE STATE OF ALABAMA. ON OR ABOUT AUG 15, 2012, AN INSPECTION WAS CONDUCTED AT RESPONDENT'S FACILITY LOCATED AT 3414-A GOVERNOR'S DRIVE, HUNTSVILLE, AL, TO DETERMINE COMPLIANCE WITH THE PCB REGS. DURING THE INSPECTION, RESPONDENT WAS STORING 6 LARGE GENERAL ELECTRIC PYRANOL CAPACITORS, TOTALING LESS THAN 220 GALLONS OF PCB FLUID. 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 COULD NOT PROVIDE ANY DOCUMENTATION TO PROVE HOW LONG 6 LARGE GENERAL ELECTRIC PRYANOL CAPACITORS HAD BEEN STORED ON-SITE. THEREFORE, RESPONDENT VIOLATED 40 CFR 761.65(a)(1). 40 CFR 761.65(c)(8) REQUIRES THAT PCB ITEMS BE MARKED WITH THE DATE WHEN THEY WERE REMOVED FROM SERVICE FOR DISPOSAL. AT THE TIME OF THE INSPECTION, THE 6 LARGE GENERAL ELECTRIC PYRANOL CAPACITORS BEING STORED ONSITE 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)(1) REQUIRES PCB ARTICLES AT THE TIME OF MANUFACTURE, AT THE TIME OF DISTRIBUTION IN COMMERCE IF NOT ALREADY MARKED, AND AT THE TIME OF REMOVAL FROM USE IF NOT ALREADY MARKED SHALL BE MARKED WITH AN ML MARKING AS ILLUSTRATED IN THE FIGURE IN 40 CFR 761.45(a). AT THE TIME OF THE INSPECITON, THE 6 LARGE GENERAL ELECTRIC PYRANOL CAPACITORS WERE NOT MARKED WITH THE APPROPRIATE PCB LABEL. THEREFORE, RESPONDENT VIOLATED 40 CFR 761.40(a)(1). 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-POROUR FLOOR WITH CONTINUOUS CURBING WITH A MINIMUM 6-INCH HI CURB. AT THE TIME OF THE INSPECTION, RESPODNENT WAS STORING THE 6 LARGE GENERAL ELECTRIC PYRANOL CAPACITORS IN AREAS WITHOUT PROPER CURBING OR A NON-POROUS FLOOR. THEREFORE, RESPONDENT VIOLATED 40 CFR 761.65(b). 40 CFR 761.65(c)(5) REQUIRES ALL PCB ITEMS IN STORAGE BE CHECKED FOR LEAKS AT LEAST ONCE EVERY 30 DAYS AND RECORDS OF THOSE INSPECTIONS SHALL BE MAINTAINED IN ACCORDANCE WITH 761.180(a) AND (b). AT THE TIME OF THE INSPECTION RESPONDENT WAS STORING 6 LARGE GENERAL ELECTRIC PYRANOL CAPACITORS WITHOUT CONDUCTING ANY INSPECTIONS.

Defendants (1)

• STOVE HOUSE 5, INC. (aka LSINC)Named in complaintNamed in settlement

Facilities (1)

• LSINC (STOVE HOUSE 5, INC)

  3414-A GOVERNOR'S DRIVE, HUNTSVILLE, AL, 35805

  Registry ID: 110054088009

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• STOVE HOUSE 5, INC. (aka LSINC)entered 2013-11-07

  Primary law: TSCA

  Federal penalty: $7,233

Timeline (4 milestones)

• 2013-11-07Final Order Issued
• 2013-11-07Complaint Filed/Proposed Order
• 2013-11-13Enforcement Action Closed
• 2013-11-14Enforcement Action Data Entered