EPA v. APRINTA REAL ESTATE HOLDING LLC

Case summary

8/12/20 - CONSENT AGREEMENT AND FINAL ORDER - On or about June 25, 2019 and March 10, 2020, inspectors with the Alabama Department of Environmental Management conducted inspections on behalf of the EPA at a facility owned and operated by Respondent, located at 694 1st Way, Alexander City, Alabama, to determine compliance with the PCB regulations. At the time of the inspections, one (1) Westinghouse PCB-Contaminated Transformer (Serial # 69M12050) containing approximately 100 gallons of fluid with a PCB concentration of 189 parts per million (ppm) and twelve (12) assumed-to-be PCB Capacitors in three (3) capacitor banks (Serial # VCI-307894-B, Serial # VCI-301892, and the third capacitor bank with an unidentified Serial #) were observed as being disposed in the field behind the warehouse located at the facility. The term ?PCB Capacitor is defined in 40 C.F.R. ? 761.3, as any capacitor that contains &#8805; 500 ppm PCBs. According to 40 C.F.R. ? 761.2(a)(4), if the date of manufacture of a capacitor is unknown, any person must assume the capacitor contains &#8805; 500 ppm PCBs. Any such capacitor therefore is assumed to be a PCB Capacitor. The term ?PCB-Contaminated Electrical Equipment? is defined in 40 C.F.R. ? 761.3, as any electrical equipment including, but not limited to, transformers that contain PCBs at concentrations of &#8805; 50 ppm and < 500 ppm in the contaminating fluid. The term ?PCB items? is defined in 40 C.F.R. ? 761.3, as any PCB Article, PCB Article Container, PCB Container, PCB Equipment, or anything that deliberately or unintentionally contains or has as a part of it any PCB or PCBs. The term ?PCB article? is defined in 40 C.F.R. ? 761.3, as any manufactured article, other than a PCB Container, that contains PCBs and whose surface(s) has been in direct contact with PCBs. ?PCB Article? includes capacitors, transformers, electric motors, pumps, pipes and any other manufactured item (1) which is formed to a specific shape or design during manufacture; (2) which has end use function(s) dependent in whole or in part upon its shape or design during end use and (3) which has either no change of chemical composition during its end use or only those changes of composition which have no commercial purpose separate from that of the PCB Article.40 C.F.R. ? 761.3 defines ?Disposal? as intentionally or accidentally to discard, throw away, or otherwise complete or terminate the useful life of PCBs and PCB Items. ?Disposal? includes spills, leaks, and other uncontrolled discharges of PCBs as well as actions related to containing, transporting, destroying, degrading, decontaminating, or confining PCBs and PCB Items. 40 C.F.R. ? 761.50(b)(2) states that any person removing from use a PCB Item containing an intact and non-leaking PCB Article must dispose of it in accordance with 40 C.F.R. ? 761.60(b), or decontaminate it in accordance with 40 C.F.R. ? 761.79. During the inspections, the PCB Items identified in Paragraph 6, above, were observed as being illegally disposed in the field behind the warehouse. Therefore, the EPA alleges that the Respondent disposed of PCBs in violation of 40 C.F.R. ? 761.50(b)(2). On June 3, 2020, Respondent properly removed and disposed the PCB Items identified in Paragraph 6, above.Pursuant to 40 C.F.R. ? 761.205(a)(2), all generators (other than generators exempt from notification under paragraph (c)(1) of this section), commercial storers, transporters, and disposers of PCB waste who first engage in PCB waste handling activities after February 5, 1990, shall notify the EPA of their PCB waste activities by filing EPA Form 7710-53 with the EPA prior to engaging in PCB waste handling activities. The EPA alleges that Respondent failed to notify the EPA of its waste handling activities in violation of 40 C.F.R. ? 761.205(a)(2).

Defendants (1)

• APRINTA REAL ESTATE HOLDINGS, LLCNamed in complaintNamed in settlement

Facilities (1)

• APRINTA APPAREL

  694 1ST WAY, ALEXANDER CITY, AL, 35010

  Registry ID: 110070296395

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• APRINTA REAL ESTATE HOLDING LLCentered 2020-08-13

  Primary law: TSCA

  Federal penalty: $27,600

Timeline (4 milestones)

• 2020-08-13Final Order Issued
• 2020-08-13Complaint Filed/Proposed Order
• 2020-08-27Enforcement Action Closed
• 2020-09-08Enforcement Action Data Entered