EPA v. BIRMINGHAM RESTAURANT SUPPLY, INC. / TOBIA PROPERTIES, LLC

Case summary

12/30/14 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,233, DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT SEPT 12, 2013, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH THE PCB REGS. DURING THE INSPECTION, EPA OBSERVED 12 LARGE WESTINGHOUSE INERTEEN PCB CAPACITORS (PCB CAPACITORS) THAT HAD BEEN REMOVED FROM SERVICE AND PLACED INTO STORAGE FOR DISPOSAL. ACCORDING TO RESPONDENTS, THE PCB CAPACITORS WERE TAKEN OUT OF SERVICE AND STORED PRIOR TO RESPONDENT'S ACQUISITION OF THE FACILITY, WHICH OCCURRED MORE THAN A YEAR PRIOR TO EPA'S INSPECTION OF THE FACILITY. 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. THIS DATE IS THEDATE OF REMOVAL FROM SERVICE FOR DISPOSAL. AT THE TIME OF EPA'S INSPECTION, THE PCB CAPACITORS HAD BEEN REMOVED FROM SERVICE AND STORED ONSITE FOR DISPOSAL FOR MORE THAN 1 YEAR. THEREFORE, RESPONDENTS 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 INSPECTION, THE PCB CAPACITORS BEING STORED ONSITE AWAITING DISPOSAL WERE NOT MARKED WITH THE DATES WHEN THEY WERE REMOVED FROM SERVICE. THEREFORE, RESPONDENTS VIOLATED 40 CFR 761.65(c)(8). 40 CFR 761.40(a)(3) REQUIRES PCB LARGE HIGH VOLTAGE CAPACITORS AT THE TIME OF MANUFACTURE, AT THE TIME OF DISTRIBUTION IN COMMERCE IF NOT ALREADY MARKED, 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 INSPECTION, THE PCB CAPACITORS WERE NOT MARKED WITH APPROPRIATE PCB LABEL. THEREFORE, RESPONDENTS VIOLATED 40 CFR 761.40(a)(1). 40 CFR 761.40(a)(1) 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 AREAS WHERE THE PCB CAPACITORS WERE BEING STORED ONSITE AWAITING DISPOSAL WERE NOT MARKED WITH AN APPROPRIATE PCB LABEL. THEREFORE, RESPONDENTS VIOLATED 40 CFR 761.40(a)(10) AS INCORPORATED BY 40 CFR 761.40(c)(3). 40 CFR 761(c)(5) REQUIRES ALL PCB ITEMS IN STORAGE TO BE CHECKED FOR LEAKS AT LEAST ONCE EVEY 30 DAYS AND RECORDS OF THOSE INSPECTIONS SHALL BE MAINTAINED IN ACCORDANCE WITH 40 CFR 761.180(a) AND (b). AT THE TIME OF THE EPA INSPECTION, RESPONDENTS WERE UNABLE TO PROVIDE DOCUMENTATION OF ANY INSPECTION OF THE PCB CAPACITORS. THEREFORE, RESPONDENTS VIOLATED 40 CFR 761.65(c)(5).

Defendants (2)

• BIRMINGHAM RESTAURANT SUPPLY, INC. (SB)Named in complaintNamed in settlement
• TOBIA PROPERTIES, LLC (SB)Named in complaint

Facilities (1)

• BIRMINGHAM RESTAURANT SUPPLY INC

  2428 6TH AVENUE SOUTH, BIRMINGHAM, AL, 35233

  Registry ID: 110056146692

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• BIRMINGHAM RESTAURANT SUPPLY, INC. / TOBIA PROPERTIES, LLCentered 2014-12-30

  Primary law: TSCA

  Federal penalty: $7,233

Timeline (4 milestones)

• 2014-12-30Final Order Issued
• 2014-12-30Complaint Filed/Proposed Order
• 2015-01-13Enforcement Action Data Entered
• 2015-02-11Enforcement Action Closed