EPA v. LYMAN WAREHOUSE, LLC AND HOOK DEMO SC, LLC

Case summary

4/24/2018 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSED A PENALTY OF $21,250, DUE WITHIN 30 DAYS. ALLEGATIONS: BY CONTRACTUAL AGREEMENT WITH RESPONDENT LYMAN WAREHOUSE, LLC, HOOK DEMO, LLC, ACQUIRED FIXTURES, PERSONALTY AND IMPROVEMENTS AT THE FACILITY FOR 3 YRS BEGINNING JUNE 6, 2011, AND IT OR ITS CONTRACTOR ENGAGED IN DEMOLITION, DISMANTLING AND OR REMOVAL ACTIVITIES AT THE FACILITY DURING THIS PERIOD, AND WAS A USER OF PCB ITEMS. HOOK DEMO SC, LLC'S ASSERTS THAT IT WAS NOT INVOLVED AFTER JUNE 3, 2014. ON OR ABOUT JUNE 20, 2012, A JOINT INSPECTION WAS CONDUCTED BY EPA AND SCDHEC TO DETERMINE COMPLIANCE WITH PCB REGS. DURING THE INSPECTION, EPA AND SCDHEC OBSERVED A NUMBER OF OUT OF SERVICE PCB ITEMS BEING STORED ON-SITE FOR DISPOSAL INCLUDING BUT NOT LIMITED TO A GE PCB-CONTAMINATED TRANSFORMER THAT WAS TESTED AND SHOWN TO CONTAIN 485 GALLONS OF OIL CONTAMINATED WITH 64 PPM OF PCBs LOCATED OUTSIDE THE BOILER HOUSE. PRIOR TO JUNE 3, 2014, RESPONDENTS REMOVED THE PCB ITEMS FROM THE SITE FOR DISPOSAL BUT FAILED TO REMOVE THE GE TRANSFORMER. ON MAY 19, 2016, A CAFO SIGNED BY RESPONDENTS AND EPA WAS ENTERED TO RESOLVE EPA'S ALLEGATIONS THAT RESPONDENTS HAD VIOLATED VARIOUS PCB REGS PERTAINING TO THEIR STORAGE AND HANDLING OF THE TRANSFORMER AND THE OTHER PCB ITEMS. IN THAT CAFO, RESPONDENT CERTIFIED THAT AT THE TIME OF THE ENTRY OF THE CAFO, THEY WERE IN COMPLIANCE WITH TSCA AND PCB REGS. ON OR ABOUT JAN 3, 2017 A POTENTIAL BUYER OF THE LYMAN WAREHOUSE NOTIFIED EPA THAT THEY HAD OBSERVED A TRANSFORMER ONSITE. ON OR ABOUT FEB 16, 2017, SCDHEC VISITED AND OBSERVEDE THAT THE GE TRANSFORMER, WHICH SUPPOSEDLY HAD BEEN REMOVED AND PROPERLY DISPOSED PRIOR TO THE MAY 19, 2016 CAFO, WAS STILL BEING STORED OUTSIDE NEAR THE BOILER HOUSE. ON OR ABOUT APR 28, 2017, A CONTRACTOR FOR LYMAN WAREHOUSE REMOVED THE TRANSFORMER. DURING THE REMOVAL, THE TRANSFORMER WAS DAMAGED AND APPROX 85 GAL OF PCB CONTAMINATED OIL SPILLED INTO THE CONTAINMENT PAN ON THE CLEAN HARBORS TRAILER. THE TRANSFORMER WAS STORED FOR DISPOSAL IN AN AREA THAT DID NOT MEET REQUIREMENTS OF 40 CFR 761.65(b) FROM MAY 19, 2016 UNTIL APR 28, 2017. THEREFORE, EPA ALLEGES RESPONDENTS VIOLATED 40 CFR 761.65(b). THE TRANSFORMER WAS STORED FOR DISPOSAL IN AN AREA THAT DID NOT MEET THE REQUIREMENTS OF 40 CFR 761.40(a)(10) AND 761.65(c)(3) FROM MAY 19, 2016 UNTIL APR 28, 2017. THEREFORE, EPA ALLEGES THAT RESPONDENTS VIOLATED 40 CFR 761.40(a)(10) AND 761.65(c)(3). RESPONDENT FAILED TO INSPECT THE GE TRANSFORMER AND MAINTAIN STORAGE RECORDS FROM MAY 19, 2016 U NTIL APR 28, 2017. EPA ALLEGES RESPONDENTS VIOLATED 40 CFR 761.65(c)(5) AND 40 CFR 761.180(a). THE TRANSFORMER WAS NOT MARKED WITH THE DATE IT WAS REMOVED FROM SERVICE FROM MAY 19, 2016 UNTIL APR 28, 2017. THEREFORE EPA ALLEGES RESPONDENTS VIOLATED 40 CFR 761.65(c)(8). THE TRANSFORMER WAS STORE ONSITE FOR DISPOSAL FROM ON OR ABUT JUNE 20, 2012 UNTIL APR 28, 2017. EPA ALLEGES RESPONDENTS VIOLATED 40 CFR 761.65(a)(1). ON OR ABOUT APR 28, 2017, THE TRANSFORMER WAS DAMAGED WHILE IT WAS BEING TRANSFERRED FROM THE PAD ONTO THE CLEAN HARBORS TRAILER, RESULTING IN A SPILL. THIS SPILL CONSTITUTES DISPOSAL OF PCBs THAT WAS NOT IN ACCORDANCE WITH 40 CFR PART 761, SUBPART D. THEREFORE, EPA ALLEGES RESPONDENTS VIOLATED 40 CFR 761.50(a) BY NOT PROPERLY DISPOSING OF THE PCB CONTAMINATED OIL IN ACCORDANCE WITH 40 CFR PART 761, SUBPART D.

Defendants (2)

• HOOK DEMO SC, LLCNamed in complaintNamed in settlement
• LYMAN WAREHOUSE, LLCNamed in complaintNamed in settlement

Facilities (1)

• LYMAN WAREHOUSE, LLC

  14 PACIFIC STREET, LYMAN, SC, 29365

  Registry ID: 110054081747

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• LYMAN WAREHOUSE, LLC AND HOOK DEMO SC, LLCentered 2018-04-24

  Primary law: TSCA

  Federal penalty: $21,250

Timeline (4 milestones)

• 2018-04-24Complaint Filed/Proposed Order
• 2018-04-24Final Order Issued
• 2018-05-31Enforcement Action Data Entered
• 2018-06-28Enforcement Action Closed