EPA v. BOGGAN HILL, INC. / BLUEGRASS BIT COMPANY

Case summary

1/22/14 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $$7,234, DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT OCT 30, 2012, AN INSPECTION WAS CONDUCTED AT RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH THE PCB REGS. DURING THE INSPECTION, RESPONDENT WAS STORING 24 LARGE PCB 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 YEAR 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 THE 24 LARGE PCB CAPACITORS HAD BEEN STORED ONSITE. 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 24 LARGE PCB 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 IN 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 INSPECTION, THE 24 LARGE PCB CAPACITORS WERE NOT MARKED WITH THE APPROPRIATE PCB LABEL. THEREFORE, RESPONDENT VIOLATED 40 CFR 761.40(a)(1). 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, RESOPNDENT WAS STORING 24 LARGE PCB CAPACITORS WITHOUT CONDUCTING ANY INSPECTIONS.

Defendants (1)

• BOGGAN HILL, INC. (BLUEGRASS BIT COMPANY)Named in complaintNamed in settlement

Facilities (1)

• BLUEGRASS

  107 MILDRED STREET (PO BOX 427), GREENVILLE, AL, 36037

  Registry ID: 110054915268

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• BOGGAN HILL, INC. / BLUEGRASS BIT COMPANYentered 2014-01-22

  Primary law: TSCA

  Federal penalty: $7,234

Timeline (4 milestones)

• 2014-01-22Final Order Issued
• 2014-01-22Complaint Filed/Proposed Order
• 2014-02-20Enforcement Action Data Entered
• 2014-02-24Enforcement Action Closed