EPA v. ALABAMA POWER

Case summary

4/21/16 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A $4,819. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: PURSUANT 40 CFR SECTION 761.65(a)(1), PCB WASTE MUST BE DISPOSED OF AS REQUIRED BY SUBPART 3 OF THE PCB REGULATIONS WITHIN 1-YEAR FROM THE DATE IT WAS DETERMINED TO BE PCB WASTE AND THE DECISION WAS MADE TO DISPOSE IT. THIS DATE IS THE DATE OF REMOVAL FROM SERVIE FOR DISPOSAL. DURING THE INSPECTION, THE PCB BALLASTS IN A CARDBOARD BOX LABELED WITH UTR 64810, REMOVED FROM SERVICE DATE 4/24/13, HAD BEEN STORED FOR GREATER THAN 1-YEAR. THEREFORE, RESPONDENT VIOLATED 40 CFR SECTION 765.65(a)(1). PURSUANT TO 40 CFR SECTION 761.40(a)(10) AND 761.65(c)(3), STORAGE AREAS USED TO STORE PCBs AND PCB ITEMS FOR DISPOSAL ARE REQUIRED TO BE MARKED IN ACCORDANCE WITH 40 CFR SECTION 761.45(a). AT THE TIME OF THE INSPECTION, THE PCB STORAGE AREA, BUILDING 1A, WAS NOT MARKED AS ILLUSTRATED. THEREFORE, RESPONDENT VIOLATED 40 CFR SECTIONS 761.40(a)(10) AND 761.65(c)(3).

Defendants (1)

• ALABAMA POWERNamed in complaintNamed in settlement

Facilities (1)

• ALABAMA POWER COMPANY (GEN SVC COMPLEX)

  744 COUNTY ROAD 87, CALERA, AL, 35040

  Registry ID: 110040413969

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• ALABAMA POWERentered 2016-04-21

  Primary law: TSCA

  Federal penalty: $4,819

Timeline (4 milestones)

• 2016-04-21Final Order Issued
• 2016-04-21Complaint Filed/Proposed Order
• 2016-04-26Enforcement Action Data Entered
• 2016-05-19Enforcement Action Closed