EPA v. RENTENBACH CONSTRUCTORS, INC. (TENNESSEE SCHOOL FOR THE DEAF)

Case summary

9/25/18 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $3,306, DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT JULY 2015, RESPONDENT ENTERED INTO A CONSTRUCTION MANAGER/GENERAL CONTRACTOR MASTER AGREEMENT WITH THE STATE OF TN DEPT OF GENERAL SERVICES (TN DGS) TO CONDUCT CERTAIN ACTIVITIES AT THE TN SCHOOL FOR THE DEAF IN KNOXVILLE, TN, IN CONNECTION WITH A DEMOLITION, RENOVATION, AND CONSTRUCTION PROJECT AT THE SCHOOL. IN TURN, THE RESPONDENT ENTERED INTO A SUBCONTRACT AGREEMENT IN JAN 2016 WITH E. LUKE GREEN (ELG) UNDER WHICH ELG PERFORMED CERTAIN DEMOLITION WORK AT THE SCHOOL. AT SOME TIME DURING THE COURSE OF ELG'S WORK AT THE SCHOOL, A WESTINGHOUSE INTERTEEN PCB TRANSFORMER LOCATED IN THE BASEMENT OF POORE HALL WAS TAKEN OUT OF SERVICE AND/OR STORED IN THE BASEMENT FOR DISPOSAL. RESPONDENT HAS ASSERTED THAT WHEN RESPONDENT AND ELG ENCOUNTERED THE TRANSFORMER, THEY ASKED THE SCHOOL'S FACILITIES MANAGER ABOUT ITS STATUS BECAUSE HAZARDOUS MATERIAL DISPOSAL WAS NOT A PART OF RESPONDENT'S CONTRACT WITH TN DGS. RESPONDENT FURTHER ASSERTS THAT THE FACILITIES MANAGER ORALLY ADVISED THEM THAT THE TRANSFORMER HAD BEEN TESTED FOR PCBs AND THAT THE RESULTS WERE NEGATIVE BUT THAT HE COULD NOT FIND A COPY OF THE LAB REPORT SHOWING THE SAMPLING RESULTS. BASED ON THE STATEMENT OF THE SCHOOL'S FACILITIES MANAGER THAT THE TRANSFORMER TESTED NEGATIVE FOR PCBs, RESPONDENT AND ELG DECIDED THAT ELG COULD REMOVE THE TRANSFORMER FROM THE SCHOOL. ELG SUBSEQUENTLY TRANSPORTED THE TRANSFORMER TO ITS FACILITY LOCATED AT 10909 MCBRIDE LANE, KNOXVILLE, TN WHERE IT WAS STORED ON A GRAVEL PARKING LOT THAT DID NOT MEET THE STORAGE REQUIREMENTS FOR OUT OF SERVICE PCB ITEMS DESTINED FOR DISPOSAL. ON MAY 11, 2016, DURING THE COURSE OF STORAGE OF THE WESTINGHOUSE INERTEEN PCB TRANSFORMER AT ELG'S FACILITY, A LEAK IN THE TRANSFORMER WAS NOTICED AND REPORTED TO THE EPA NATIONAL RESPONSE CENTER. ANALYTICAL RESULTS OF SAMPLING OF THE TRANSFORMER FLUID CONDUCTED BY A CONSULTANT FOR TN DGS SHOWED THAT THE TRANSFORMER WAS A PCB TRANSFORMER. ENVIRONMENTAL SAMPLING AT ELG'S PROPERTY REVEALED THAT THE GRAVEL AND SOIL SURROUNDING THE AREA WHERE THE TRANSFORMER WAS LEAKING WAS CONTAMINATED WITH PCBs. IN RESPONSE TO THE LEAKING TRANSFORMER AND SOIL CONTAMINATION, THE TN DGS's ENVIRONMENTAL CONTRACTOR REMOVED AND DISPOSED OF THE TRANSFORMER AND CLEANED UP THE PCB CONTAMINATION AT THE FACILITY. SINCE THE TRANSFORMER HAD NO DATE OF MANUFACTURE ON IT AND WAS MARKED AS AN INERTEEN TRANSFORMER AND BECAUSE NO ANALYTICAL SAMPLING DATA REPORT WAS PROVIDED TO RESPONDENT AND ELG VERIFYING THAT THE TRANSFORMER HAD NO PCBs OR THAT CONCENTRATIONS WERE BELOW 500 ppm, RESPONDENT AND ELG WERE REQUIRED TO ASSUME THAT THE TRANSFORMER WAS A PCB TRANSFORMER AND TO HAVE HANDLED IT IN ACCORDANCE WITH THE PCB REGS UNLESS AND UNTIL THEY OBTAINED ANALYTICAL SAMPLING RESULTS SHOWING THAT IT WAS NOT A PCB TRANSFORMER. RESPONDENT, IN ITS CAPACITY AS A GENERATOR OF PCB WASTE, AS THOSE TERMS ARE DEFINED IN 40 CFR 761.3, OFFERED AND/OR ALLOWED ELG TO TAKE AND TO TRANSPORT AND DISPOSE OF THE PCB TRANSFORMER, A PCB WASTE, AT A TIME WHEN ELG DID NOT HAVE AN EPA ID NUMBER. THEREFORE, EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 761.202(b)(21)(ii).

Defendants (1)

• RENTENBACH CONSTRUCTORS INC.Named in complaintNamed in settlement

Facilities (1)

• TENNESSEE SCHOOL FOR THE DEAF

  2725 ISLAND HOME BLVD, KNOXVILLE, TN, 37820

  Registry ID: 110001856929

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• RENTENBACH CONSTRUCTORS, INC. (TENNESSEE SCHOOL FOR THE DEAF)entered 2018-09-25

  Primary law: TSCA

  Federal penalty: $3,306

Timeline (4 milestones)

• 2018-09-25Final Order Issued
• 2018-09-25Complaint Filed/Proposed Order
• 2018-09-26Enforcement Action Data Entered
• 2018-10-18Enforcement Action Closed