EPA v. ALABAMA POWER

Case summary

12/17/19 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $16,268. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: ON APRIL 16, 2019, THE RESPONDENT REPORTED A SPILL OF 5.8 GALLONS OF FLUID FROM A FELLED POLE TOP PCB TRANSFORMER DURING A HIGH WIND EVENT CONTAINING PCBs AT 4,665 PARTS PER MILLION (PPM) TO THE NATIONAL RESPONSE CENTER. THE ACTUAL SPILL AT LEAST 5 GALLONS OF PCB FLUID OCCURRED ON APRIL 11, 2019, AT 1608 HAYES CIRCLE, VESTAVIA HILLS, ALABAMA (THE SITE). IN RESPONSE TO THE PCB SPILL, THE RESPONDENT HIRED AN ENVIRONMENTAL CONSULTANT AND A REMEDIATION CONTRACTOR TO CLEAN UP, REMOVE AND DISPOSE THE PCB TRANSFORMER, THE SPILLED PCB OIL, AND THE PCB-CONTAMINATED SOILS AT THE SITE, WHICH, UNDER 40 CFR SECTION 761.3, CONSTITUTED 'PCB REMEDIATION WASTE . THE SPILL FROM THE DOWNED POLETOP TRANSFORMER WITH 4,665 PPM PCBS THAT OCCURRED ON APRIL 11, 2019, WAS NOT REPORTED TO THE NCR UNTIL APRIL 16, 2019, CLEAN UP AND DISPOSAL OF THE PCB TRANSFORMER, SPILLED PCB OIL, AND PCB-CONTAMINATED WAS INITIATED UNTIL APRIL 16, 2019. THEREFORE, THE EPA ALLEGES THAT THE RESPONDENT DISPOSED OF PCBS IN VIOLATION OF 40 CFR SECTION 761.50(a)(4).

Defendants (1)

• ALABAMA POWERNamed in complaintNamed in settlement

Facilities (12)

• ALABAMA POWER - CENTRAL UTILITIES PLANT

  600 18TH ST N, BIRMINGHAM, AL, 35203

  Registry ID: 110010711872

• ALABAMA POWER - CENTRAL UTILITIES PLANT

  600 18TH ST N, BIRMINGHAM, AL, 35203

  Registry ID: 110010711872

• ALABAMA POWER - CENTRAL UTILITIES PLANT

  600 18TH ST N, BIRMINGHAM, AL, 35203

  Registry ID: 110010711872

• ALABAMA POWER - CENTRAL UTILITIES PLANT

  600 18TH ST N, BIRMINGHAM, AL, 35203

  Registry ID: 110010711872

• ALABAMA POWER - CENTRAL UTILITIES PLANT

  600 18TH ST N, BIRMINGHAM, AL, 35203

  Registry ID: 110010711872

• ALABAMA POWER - CENTRAL UTILITIES PLANT

  600 18TH ST N, BIRMINGHAM, AL, 35203

  Registry ID: 110010711872

• ALABAMA POWER - CENTRAL UTILITIES PLANT

  600 18TH ST N, BIRMINGHAM, AL, 35203

  Registry ID: 110010711872

• ALABAMA POWER - CENTRAL UTILITIES PLANT

  600 18TH ST N, BIRMINGHAM, AL, 35203

  Registry ID: 110010711872

• ALABAMA POWER - CENTRAL UTILITIES PLANT

  600 18TH ST N, BIRMINGHAM, AL, 35203

  Registry ID: 110010711872

• ALABAMA POWER - CENTRAL UTILITIES PLANT

  600 18TH ST N, BIRMINGHAM, AL, 35203

  Registry ID: 110010711872

• ALABAMA POWER - CENTRAL UTILITIES PLANT

  600 18TH ST N, BIRMINGHAM, AL, 35203

  Registry ID: 110010711872

• ALABAMA POWER - CENTRAL UTILITIES PLANT

  600 18TH ST N, BIRMINGHAM, AL, 35203

  Registry ID: 110010711872

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• ALABAMA POWERentered 2019-12-17

  Primary law: TSCA

  Federal penalty: $16,268

Timeline (4 milestones)

• 2019-12-17Final Order Issued
• 2019-12-17Complaint Filed/Proposed Order
• 2020-01-14Enforcement Action Data Entered
• 2020-02-04Enforcement Action Closed