EPA v. INTONU, LLC

Case summary

08/06/2014 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $60,920, DUE WITHIN 30 DAYS. ALLEGATIONS: ON DEC 12, 2011, EPA CONDUCTED A COMPLIANCE EVALUATION AT RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH TSCA PCB AND RCRA REGS. DURING AND SUBSEQUENT TO THE CEI, EPA'S INSPECTORS OBTAINED DOCUMENTATION WHICH ALLEGEDLY INDICATED THAT RESPONDENT HAD SOLD AND DISTRIBUTED IN COMMERCE PCB ITEMS INCLUDING PCB-CONTAINING FLUORESCENT LIGHT BALLASTS AND PCB CAPACITORS WITHOUT AN EXEMPTION. THEREFORE EPA ALLEGES RESPONDENT VIOLATED 40 CFR 761.20(c). THE INSPECTORS OBSERVED SIX GAYLORD BOXES ALLEGEDLY CONTAINING PCB-CONTAINING FLUORESCENT LIGHT BALLASTS AND PCB CAPACITORS (PCB CONTAINERS) THAT WERE NOT MAKRED WITH THE REQUIRED ML MARK. THEREFORE, EPA ALLEGES RESPONDENT VIOLATED 40 CFR 761.40(a)(1). THE AREAS ALLEGEDLY BEING USED TO STORE PCB CONTAINERS INSIDE THE BUILDING AT THE FACILITY WERE NOT MARKED WIHT THE REQUIRED ML MARK. THEREFORE EPA ALLEGES RESPONDENT VIOLATED 40 CFR 761.40(a)(10). INSPECTORS ALLEGEDLY OBSERVED PCB ITEMS STORED AT THE FACILITY, SOME OF WHICH WERE LEAKING AS INDICATED BY THE OILY RESIDUE ON THE CONTENTS OF SEVERAL ALLEGED PCB CONTAINERS AND OIL STAINING THAT HAD SEEPED THROUGH THE ALLEGED PCB CONTAINERS AND HAD BECOME VISIBLE FROM THE OUTSIDE OF THE ALLEGED PCB CONTAINERS. ADDITIONALLY INSPECTORS REVIEWED DOCUMENTATION ALLEGEDLY INDICATING THAT RESPONDENT HAD FAILED TO PROPERLY DISPOSE OF PCBs IN ITS POSSESSION. THEREFORE, EPA ALLEGES RESPONDENT VIOLATED APPLICABLE DISPOSAL REQUIREMENTS FOUND IN 40 CFR PART 761 WHICH INCLUDE BUT ARE NOT LIMITED TO 40 CFR 761.50(b)(2)(i), 761.50(b)(2)(ii), 761.60, 761.60(b)(2)(ii), 761.62(a)-(c). 40 CFR 761.65(b) REQUIRES THAT ANY FACILITY USED FOR THE STORAGE OF PCBs AND PCB ITEMS TO HAVE AN ADEQUATE ROOF AND WALLS, A FLOOR THAT PROVIDES CONTINUOUS CURBING OF AN LEAST A HEIGHT OF 6-INCHES, CAPABLE OF CONTAINING A VOLUME EQUAL TO AT LEAST TWO TIMES THE VOLUME OF THE LARGEST PCB CONTAINER, IS FREE OF DRAIN VALVES, FLOOR DRAINS, EXPANSION JOINTS, SEWER LINES, OR OTHER OPENINGS. AT THE TIME OF THE CEI, RESPONDENT WAS ALLEGEDLY STORING PCB CONTAINERS IN A BUILDING THAT DID NOT MEET THESE REQUIREMENTS. THEREFORE, EPA ALLEGES RESPONDENT VIOLATED 40 CFR 761.65(b). RESPONDENT HAS PRODUCED NO EVIDENCE PROVING THAT IT INSPECTED ALLEGED PCB CONTAINERS FOR LEAKS AT LEAST ONCE EVERY 30 DAYS. LEAKS AND STAINING WERE OBSERVED FROM ALLEGED PCB ITEMS AND ON ALLEGED PCB CONTAINERS INDICATING THAT THE CONTENTS OF ONE OR MORE LEAKING CONTAINERS WERE NOT TRANSFERRED TO NON-LEAKING CONTAINERS. THEREFORE, EPA ALLEGES RESPONDENT VIOLATED 40 CFR 761.65(c)(5). 40 CFR 761.97(a) REQUIRES ANY PERSON WHO EXPORTS PCBs OR PCB ITEMS TO OBTAIN AN EXEMPTION. AT THE TIME AND SUBSEQUENT TO THE CEI INSPECTORS REVIEWED DOCUMENTATION THAT ALLEGEDLY INDICATED THE RESPONDENT HAD SOLD AND EXPORTED PCBs WITHOUT AN EXEMPTION. THEREFORE, EPA ALLEGES RESPONDENT VIOLATED 40 CFR 761.97(a).

Defendants (1)

• INTONU, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• INTONU

  5225 PHILLIP LEE DRIVE, JONESBORO, GA, 30336

  Registry ID: 110044871519

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• INTONU, LLCentered 2014-08-06

  Primary law: TSCA

  Federal penalty: $60,920

Timeline (4 milestones)

• 2014-08-06Final Order Issued
• 2014-08-06Complaint Filed/Proposed Order
• 2014-08-26Enforcement Action Closed
• 2014-09-04Enforcement Action Data Entered