EPA v. RM COMMERCIAL

Case summary

6/3/2020 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $41,300 DUE WITHIN 30 DAYS. ALLEGATIONS: RESPONDENT WAS STORING THE FOLLOWING PCB ITEMS FOR DISPOSAL: PCB Items in storage are required to be checked for leaks at least once every 30 days. Records of those inspections are required to be maintained. During the November 19, 2019 inspection, the EPA inspector determined that the Respondent had not conducted or documented any inspections of the PCB Items listed. A written annual document log and annual records are required for anyone that uses or stores at least 45 kilograms of PCBs contained in PCB Container(s), or one or more PCB Transformers or 50 or more PCB Large High or Low Voltage Capacitors. The log must be prepared by July 1 for the previous calendar year and maintained for three years after PCBs are ceased being used or stored. At the time of the November 19, 2019 inspection, Respondent did not have any written annual document logs and/or annual records. PCB Items designated for disposal must be stored in an area with an adequate root, walls, and non-porous near with curbing. At the time of the November 19, 2019 inspection, Respondent was storing the PCB items for disposal in areas that did not meet the requirements. PCB Transformers at the time of manufacture, at the time of distribution in commerce if not already marked and at the time or removal from use if not already marked, shall be marked with an M marking. At the time of the November 19, 2019 inspection one of the pole mounted PCB transformers was not marked with the appropriate PCB label. Storage areas used to store PCBs and PCB Items for disposal arc required to be marked. At the time of the November 19, 2019 inspection, Respondent was storing for disposal the PCB Items in areas that did not meet the requirements. PCB Items are required to be marked with the date when they were removed from service for disposal. At the time of the November 19, 2019 inspection, the PCB being stored on-site awaiting disposal were not marked with the dates when they were removed from service. Any PCB waste must be disposed of as required by Subpart D of the PCB regulations within 1-year from the date it was determined to be PCB waste and the decision was made to dispose it. The PCB Items were stored for disposal on-site from at least 2014 until present. PCB generators are required to notify EPA of their PCB waste activities by filing EPA Form 7710-53. At the time of the November 19, 2019 inspection. Respondent had failed to notify EPA of the PCB waste activities by filing EPA Form 7710-53.

Defendants (1)

• RM COMMERCIALNamed in complaintNamed in settlement

Facilities (1)

• RM COMMERCIAL, LLC

  450 WEST RIDGE STREET, ROCKY MOUNT, NC, 27801

  Registry ID: 110070814892

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• RM COMMERCIALentered 2020-06-03

  Primary law: TSCA

  Federal penalty: $41,300

Timeline (4 milestones)

• 2020-06-03Complaint Filed/Proposed Order
• 2020-06-03Final Order Issued
• 2020-06-11Enforcement Action Data Entered
• 2020-07-30Enforcement Action Closed