EPA v. SPRING METAL RECYCLING, LLC

Case summary

4/14/15 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $35,000, TO BE MADE IN INSTALLMENTS. THE FIRST PAYMENT IS DUE WITHIN 30 DAYS. THREE SUBSEQUENT PAYMENTS ARE TO BE MADE IN 90-DAY INTERVALS THEREAFTER. ALLEGATIONS: RESPONDENT OWNS AND OPERATES A FACILITY IN JONESBORO, GA, THAT ACCEPTS, AMONG OTHER ITEMS, USED AND DISCARDED ELECTRONIC EQUIPMENT AND OTHER METALS FOR RESALE, SCRAPPING AND RECYLING. ON APR 18, 2012, EPA CONDUCTED A COMPLIANCE EVALUATION INSPECTION (CEI) AT RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH PCB REGS. PURSUANT TO 40 CFR 761.2(4), ANY PERSON MUST ASSUME THAT A CAPACITOR MANUFACTURED PRIOR TO JULY 2, 1979 WHOSE PCB CONCENTRATION IS NOT ESTABLISHED CONTAINS GREATER THAN OR EQUAL TO 500 PPM PCBs. IF THE DATE OF MANUFACTURE IS UNKNOWN, ANY PERSON MUST ASSUME THE CAPACITOR CONTAINS GREATER THAN OR EQUAL TO 500 PPM PCBs. 40 CFR 761.20(c) PROHIBITS ANY PERSON FROM PROCESSING OR DISTRIBUTING IN COMMERCE ANY PCB OR PCB ITEMS REGARDLESS OF CONCENTRATION FOR USE WITHIN THE U.S. OR FOR EXPORT FROM THE US. W/OUT AN EXEMPTION. DURING AND SUBSEQUENT TO THE CEI, EPA'S INSPECTOR OBTAINED DOCUMENTATION WHICH INDICATED RESPONDENT HAD SOLD AND DISTRIBUTED IN COMMERCE PCB ITEMS INCLUDING PCB-CONTAINING FLUORESCENT LIGHT BALLASTS AND PCB CAPACITORS W/OUT AN EXEMPTION. EPA ALLEGES RESPONDENT VIOLATED 40 CFR 761.20(c). 40 CFR 761.40(a)(1) REQUIRES THAT EACH CONTAINER USED TO STORE PCBs MUST BE MARKED WITH AN ML AS ILLUSTRATED IN FIGURE 1 IN 40 CFR 761.45(a). THE INSPECTORS OBSERVED 9 CONTAINERS CONTAINING PCB-CONTAINING FLUORESCENT LIGHT BALLASTS AND/OR PCB CAPACITORS (PCB CONTAINERS) THAT WERE NOT MARKED WITH THE REQUIRED ML MARK. EPA ALLEGES RESPONDENT VIOLATED 40 CFR 761.40(a)(1). 40 CFR 761.40(a)(10) REQUIRES EACH STORAGE AREA USED TO STORE PCBs AND PCB ITEMS FOR DISPOSAL BE MARKED WITH AN ML MARK. THE AREAS BEING USED TO STORE PCB CONTAINERS INSIDE THE BLDG AT THE FACILITY WERE NOT MARKED WITH THE REQUIRED MARK. EPA ALLEGES RESPONDENT VIOLATED 40 CFR 761.40(a)(10). 40 CFR PART 761, SUBPART D REQUEST BOTH GENERAL AND WASTE SPECIFIC STORAGE AND DISPOSAL REQUIREMENTS TO BE MET WHILE PCBs ARE IN STORAGE FOR DISPOSAL. INSPECTORS OBSERVED PCB ITEMS STORED AT THE FACILITY, SOME OF WHICH WERE LEAKING, AS INDICATED BY THE OILY RESIDUE ON THE CONTENTS OF SEVERAL PCB CONTAINERS AND OIL STAINING THAT HAD SEEPED THRU THE PCB CONTAINERS AND HAD BECOME VISIBLE FROM THE OUTSIDE OF THE CONTAINERS. INSPECTORS REVIEWED DOCUMENTATION INDICATING RESPONDENT HAD FAILED TO PROPERLY DISPOSE OF PCBs IN ITS POSSESSION. EPA ALLEGES RESPONDENT VIOLATED APPLICABLE DISPOSAL REQUIREMENTS FOUND IN 40 CFR PART 761. RESPONDENT WAS STORING PCB CONTAINERS IN A BLDG THAT DID NOT MEET THE REQUIREMENTS OF 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, IN VIOLATION OF 40 CFR 761.65(c)(5). INSPECTORS REVIEW DOCUMENTATION THAT INDICATED RESPONDENT HAD SOLD AND EXPORTED PCBs W/OUT AN EXEMPTION IN VIOLATION OF 40 CFR 761.97(a).

Defendants (1)

• SPRING METAL RECYCLING, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• SPRING METAL RECYCLING

  7468 JONESBORO ROAD #118, JONESBORO, GA, 30236

  Registry ID: 110045539404

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• SPRING METAL RECYCLING, LLCentered 2015-04-14

  Primary law: TSCA

  Federal penalty: $35,000

Timeline (4 milestones)

• 2015-04-14Final Order Issued
• 2015-04-14Complaint Filed/Proposed Order
• 2015-06-17Enforcement Action Data Entered
• 2016-01-21Enforcement Action Closed