EPA v. OAX, LLC

Case summary

8/23/18 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $1,323, DUE WITHIN 30 DAYS. ALLEGATIONS: ON DEC 20, 2017, AN EPA-AUTHORIZED TSCA INSPECTOR FROM AL DEPT OF ENVIRONMENTAL MGMT (ADEM) CONDUCTED A PCB COMPLIANCE INSPECTION AT THE OAX FACILITY. DURING THE INSPECTION, A POWER BUS WITH SEVERAL PCB CAPACITOR BOXES WAS OBSERVED BEING LOCATED UP HIGH NEAR THE CEILING IN THE MAIN MANUFACTURING ROOM OF THE FACILITY. EACH PCB CAPACITOR BOX CONTAINED AT LEAST TWO TO THREE INTACT PCB LARGE CAPACITORS. THE PCB ML LABEL WAS OBSERVED ON SOME OF THE BOXES. EACH PCB CAPACITOR IS A PCB ARTICLE AS THAT TERM IS DEFINED IN 40 CFR 761.3. INFO OBTAINED BY THE ADEM INSPECTOR AND ADD'L INFO OBTAINED BY EPA SUBSEQUENT TO THE INSPECTION REVEALED THAT THE PRIOR OWNER OF THE FACILITY CEASED DOING BUSINESS AT THE FACILITY IN OR AROUND 2009, AND THAT RESPONDENT PURCHASED THE FACILITY OUT OF BANKRUPTCY IN 2012. AT OR AFTER THE TIME THE PRIOR OWNER CEASED DOING BUSINESS, POWER TO PARTS OR ALL OF THE FACILITY WAS SHUT OFF. THE PCB CAPACITORS DESCRIBED ABOVE WERE STORED FOR REUSE FOR LONGER THAN THE INITIAL ALLOWABLE 5-YEAR STORAGE FOR REUSE PERIOD UNDER 40 CFR 761.35(a), WITHOUT THE RESPONDENT HAVING SUBMITTED A REQUEST FOR EXTENSION AND WITHOUT AN EXTENSION GRANTED BY EPA. AS SUCH, EPA ALLEGES RESPONDENT VIOLATED 40 CFR 761.35(a) AND (b).

Defendants (1)

• OAX, LLCNamed in complaintNamed in settlement

Facilities (1)

• DPH-DAS LLC (OAX, LLC)

  20941 SANDY ROAD, TANNER, AL, 35671

  Registry ID: 110064108692

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• OAX, LLCentered 2018-08-23

  Primary law: TSCA

  Federal penalty: $1,323

Timeline (3 milestones)

• 2018-08-23Final Order Issued
• 2018-08-23Complaint Filed/Proposed Order
• 2018-09-05Enforcement Action Data Entered