EPA v. FOX TROT PROPERTIES, LLC AND FOX TROT CORPORATION

Case summary

9/9/2025 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $7,500.00 TO BE PAID IN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: ON JANUARY 27, 2022, MARCH 9, 2022, AND MARCH 29, 2023, A REPRESENTATIVE OF THE KENTUCKY DEPARTMENT FOR ENVIRONMENTAL PROTECTION AUTHORIZED BY AND ON BEHALF OF THE EPA CONDUCTED INSPECTIONS AT RESPONDENT?S FACILITY LOCATED AT 348 CALLA ROAD, IRVINE, KENTUCKY 40336, TO EVALUATE THE FACILITY?S COMPLIANCE WITH THE PCB REGULATIONS. FOX TROT PROPERTIES, LLC, WAS ADMINISTRATIVELY DISSOLVED ON JUNE 20, 2023, AND THE FACILITY IS NO LONGER IN OPERATION. BASED ON THE FOREGOING FINDINGS OF FACT, THE EPA ALLEGES THAT FOX TROT PROPERTIES, LLC VIOLATED VARIOUS PROVISIONS OF THE PCB RULES SET FORTH AT 40 C.F.R. PART 761 AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614, AS SET FORTH BELOW. THE EPA ALLEGES THAT FOX TROT PROPERTIES, LLC: - FAILED TO LABEL PCB ITEMS WITH THE APPROPRIATE PCB ML MARK, IN VIOLATION OF 40 C.F.R. ?761.40(A)(1) AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614. - FAILED TO LABEL THE STORAGE AREA USED TO STORE PCB ITEMS WITH THE APPROPRIATE PCB ML MARK, IN VIOLATION OF 40 C.F.R. ?? 761.40(A)(10) AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614. - FAILED TO DISPOSE OF PCB ITEMS WITHIN ONE (1) YEAR FROM THE DATE THE PCB ITEMS WERE DETERMINED TO BE PCB WASTE, IN VIOLATION OF 40 C.F.R. ? 761.65(A)(1) AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614. - FAILED TO HAVE A PROPER STORAGE AREA WITH AN ADEQUATE ROOF AND WALLS, AND NON-POROUS FLOOR WITH CURBING FOR THE PCB ITEMS TO PREVENT RAINWATER FROM REACHING THE STORED ITEMS, IN VIOLATION OF 40 C.F.R. ? 761.65(B)(1) AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614. - FAILED TO CHECK ALL PCB ITEMS IN STORAGE FOR LEAKS EVERY 30 DAYS, IN VIOLATION OF 40 C.F.R. ? 761.65(C)(5) AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614. - FAILED TO MARK PCB ITEMS WITH THE REMOVED-FROM SERVICE DATES FOR DISPOSAL, IN VIOLATION OF 40 C.F.R. ? 761.65(C)(8) AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614. - FAILED TO MAINTAIN INSPECTION RECORDS, ANNUAL RECORDS, OR WRITTEN ANNUAL DOCUMENT LOGS FOR THE PCB ITEMS, IN VIOLATION OF 40 C.F.R. ?761.180(A) AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614. - IMPROPERLY DISPOSED OF PCBS AT THE FACILITY, IN VIOLATION OF 40 C.F.R. ? 761.50(A)(4) AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614.

Defendants (1)

• FOX TROT PROPERTIES, LLC AND FOX TROT CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• KENTUCKY PROCESSING COMPANY

  348 CALLA RD, IRVINE, KY, 40336

  Registry ID: 110003247870

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• FOX TROT PROPERTIES, LLC AND FOX TROT CORPORATIONentered 2025-09-09

  Primary law: TSCA

  Federal penalty: $7,500

Timeline (4 milestones)

• 2025-09-09Final Order Issued
• 2025-09-09Enforcement Action Closed
• 2025-09-09Complaint Filed/Proposed Order
• 2025-09-23Enforcement Action Data Entered