EPA v. SBN BESSEMER

Case summary

11/4/16 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $118,100, DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT JAN 16, 2012, AND JAN 14, 2014, INSPECTIONS WEWRE CONDUCTED BY ADEM TO DETERMINE COMPLIANCE WITH THE PCB REGS. DURING THE JAN 16, 2012 INSPECTION, ADEM OBSERVED SEVERAL OUT-OF-SERVICE PCB ITEMS BEING STORE FOR ON-SITE DISPOSAL. DURING THE JAN 14, 2014, INSPECTION ADEM INSPECTORS OBSERVED THE FOLLOWING PCB WASTE STORED BY DISPOSAL: - TWO 55-GAL DRUMS MARKED CAUTION CONTAINS PCBs WERE SITTING ON THE GROUND W/OUT CONTAINMENT, IN THE CORNER OF BLDG D-1 WHERE THE LEAKING ALLIS CHALMERS TRANSFORMER HAD BEEN STORED. THE DRUMS CONTAINED SOIL THAT HAD BEEN CONTAMINATED WITH PCBs FROM THE LEAKING TRANSFORMER. THE DRUMS WERE NOT MARKED WITH A DATE. ACCORDING TO MANIFESTS, THE TRANSFORMERS AND CAPACITORS WERE MANIFESTED AND SHIPPED FOR DISPOSAL TO TCI OF ALABAMA ON JUNE 3, 2013. THE TWO DRUMS OF PCB WASTE WERE MANIFESTED FOR DISPOSAL TO CHEMICAL WASTE MANAGEMENT ON MARCH 31, 2015. EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 761.180(a) BY FAILING TO PROVIDE ANY RECORDS OR ANNUAL DOCUMENT LOG FOR PCB ITEMS, EITHER DURING THE INSPECTIONS OR SUBSEQUENTLY. EPA ALLEGES RESPONDENT VIOLATED 40 CFR 761.40(a)(10). THE STORAGE AREAS WERE NOT MARKED WITH THE ML AND DID NOT MEET REQUIREMENTS OF 40 CFR 761.40(a)(10). EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 761.65(c)(5). RESPONDENT COULD NOT PROVIDE RECORDS OF INSPECTIONS AND CLEANUPS OF THE PCB ITEMS. ADDITIONALLY, RESPONDENT'S APPARENT FAILURE TO INSPECT THE PCB ITEMS RESULTS IN THE RESPONDENT NOT BEING AWARE OF THE RELEASE OF PCBs FROM A TRANSFORMER AND NOT TAKING NECESSARY IMMEDIATE STEP TO PREVENT AND/OR CLEANUP THE SPILL OF PCB OIL. EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 761.65(c)(8). PCB TRANSFORMERS AND PCB CAPACITORS HAD BEEN REMOVED FROM THE ELECTRICAL SYSTEM AND STORED ON THE FLOOR OF THE POWERHOUSE BUILDING, THE FLOOR OF BLDG C-1, OUTSIDE BLDG C-1 AND OUTSIDE BLDG D-1 AND ON THE CATWALKS OF BLDG D-1. THE PCB ITEMS THAT HAD BEEN REMOVED FROM ELECTRICAL SERVICE AND STORED IN THE LOCATIONS NOTED ABOVE WERE NOT MARKED WITH THE OUT-OF-SERVICE DATES. RESPONDENT VIOLATED 40 CFR 761.65(a)(1). DURING THE INPECTION, THE TRANSFORMERS AND CAPACITORS HAD BEEN REMOVED FROM THE ELECTRICAL SYSTEM AND STORED INSIDE THE POWERHOUSE BLDG, AND INSIDE AND OUTSIDE BLDGS C-1 AND D-1. ACCORDING TO MANIFESTS PROVIDED BY RESPONDENT TO EPA AFTER THE SHOW CAUSE MEETING, THESE PCB ITEMS WERE NOT MANIFESTED AND SHIPPED FOR DISPOSAL UNTIL JUNE 3, 2013, MORE THAN A YEAR AFTER ADEM'S INSPECTION. ALSO, THE PCB WASTE IDENTIFIED IN THIS CAFO WAS OBSERVED DURING THE JAN 2014 INSPECTION, BUT WAS NOT MANIFESTED AND SHIPPED FOR DISPOSAL UNTIL MARCH 3, 2015. EPA ALLEGES RESPONDENT VIOLATED 40 CFR 761.207(a) AND 761.210(a)(1). SUBSEQUENT TO ADEM'S JAN 2012 INSPECTION , RESPONDENT'S REMEDIATION CONTRACTOR, SPECTRUM ENVIRONMENTAL SERVICE, SHIPPED THE PCB WASTE IDENTIFIED IN PARA 8 OF THIS CAFO FROM RESPONDENT'S FACILITY FOR DISPOSAL. THE SHIPMENT WAS DOCUMENTED IN A JUNE 3, 2013, MANIFEST SIGNED BY KARL PETERS OF SPECTRUM ENVIRONMENTAL SERVICE. MR. PETERS ADVISED EPA THAT HE PREPARED AND SIGNED THE MANIFEST. BECAUSE THE MANIFEST WAS NOT PREPARED OR SIGNED BY RESPONDENT, WHO WAS THE GENERATOR OF THE PCB WASTES, EPA ALLEGES THE VIOLATIONS. EPA ALLEGES VIOLATIONS OF 40 CFR 761.205(a)(2). RESPONDENT FAILED TO NOTIFY EPA OF THE PCB WASTE ACTIVITIES BY FILING THE EPA FORM 7710-53. EPA ALLEGES VIOLATIONS OF 761.65(b)(1). AT THE TIME OF ADEM'S INSPECTIONS, RESPONDENT HAD STORED PCB ITEMS OUTSIDE W/OUT ADEQUATE ROOFS AND WALLS.

Defendants (1)

• SBN BESSEMERNamed in complaintNamed in settlement

Facilities (1)

• SBN BESSEMER LLC

  2601 5TH AVENUE & NORTH, BESSEMER, AL, 35020

  Registry ID: 110069993764

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• SBN BESSEMERentered 2016-11-04

  Primary law: TSCA

  Federal penalty: $118,100

Timeline (4 milestones)

• 2016-11-04Complaint Filed/Proposed Order
• 2016-11-04Final Order Issued
• 2016-11-30Enforcement Action Data Entered
• 2017-01-05Enforcement Action Closed