EPA v. CITY OF VERO BEACH

Case summary

9/19/2024 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $49,480. PENALTY TO BE PAID WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: ON JANUARY 16, 2024, THE EPA CONDUCTED AN INSPECTION OF RESPONDENT?S CLOSED POWER PLANT, LOCATED AT 100 17TH STREET, VERO BEACH, FLORIDA 32961 (THE FACILITY) PURSUANT TO SECTION 11 OF TSCA, 15 U.S.C. ? 2610, TO DETERMINE RESPONDENT?S COMPLIANCE WITH THE PCB REGULATIONS. THE EPA ALLEGES THAT RESPONDENT: - FAILED TO INSPECT SIX PCB TRANSFORMERS IDENTIFIED FOR LEAKS AT LEAST ONCE EVERY 30 DAYS AND MAINTAIN RECORDS OF THOSE INSPECTIONS, IN VIOLATION OF 40 C.F.R. ? 761.65(C)(5), 40 C.F.R. ? 761.180(A) AND (B), AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614. - FAILED TO PLACE ON THE PCB TRANSFORMERS THE DATE THEY WERE REMOVED FROM SERVICE, IN VIOLATION OF 40 C.F.R. ? 761.65(C)(8) AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614. - FAILED TO DISPOSE OF THE SIX PCB TRANSFORMERS IDENTIFIED ABOVE WITHIN 1-YEAR FROM THE DATE THEY WERE DETERMINED TO BE PCB WASTE AND THE DECISION WAS MADE TO DISPOSE OF THEM, IN VIOLATION OF 40 C.F.R. ? 761.65(A)(1) AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614. - FAILED TO MAINTAIN ALL ANNUAL RECORDS AND THE WRITTEN ANNUAL DOCUMENT LOG OF THE DISPOSITION OF PCBS AND PCB ITEMS, IN VIOLATION OF 40 C.F.R. ? 761.180(A) AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614. - FAILED TO NOTIFY THE EPA OF ITS PCB WASTE ACTIVITIES, PRIOR TO ENGAGING IN PCB WASTE HANDLING ACTIVITIES, IN VIOLATION OF 40 C.F.R. ? 761.205(A)(2) AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614.

Defendants (1)

• CITY OF VERO BEACHNamed in complaintNamed in settlement

Facilities (1)

• CITY OF VERO BEACH MUNICIPAL POWER PLANT

  100 17TH ST., VERO BEACH, FL, 32961

  Registry ID: 110000363455

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• CITY OF VERO BEACHentered 2024-09-19

  Primary law: TSCA

  Federal penalty: $49,480

Timeline (3 milestones)

• 2024-09-19Complaint Filed/Proposed Order
• 2024-09-19Final Order Issued
• 2024-09-22Enforcement Action Data Entered