EPA v. COMMONWEALTH EDISON CO.

Case summary

NATURE OF THE CASE THE DEFENDANT IS ONE OF THE NATION'S LARGEST ELECTRIC UTILITIES, SERVING THE METROPOLITAN CHICAGO, ILLINOIS AREA AND ADJACENT REGION. THE DEFENDANT HAS A RECORD OF INTEN- TIONALLY VIOLATING THE PCB PROVISIONS OF 6(E) OF TSCA. TSCA'S PCB REGULATIONS (40 C.F.R. 761 ET SEQ.) PROVIDE THAT, INTER ALIA THAT PCB'S MAY ONLY BE DISPOSED OF IN AN APPROV- ED INCINERATOR. INITIAL REGULATIONS PROHIBITED THE UNCON- TROLLED DISPOSAL OF PCB'S IN CONCENTRATIONS EXCEEDING 500 PPM. THIS REGULATION WAS SUBSEQUENTLY AMENDED TO REDUCE THE PERMISSIBLE CONCENTRATION LEVEL TO 50 PPM. MOREOVER, BASED UPON INSPECTIONS CONDUCTED AT A NUMBER OF GEOGRAPHICALLY SCATTERED SITES THROUGHOUT NORTHERN ILLINOIS, IT APPEARS THAT THE PCB CONTAMINATION PROBLEMS ARE PER- VASIVE AND CONTINUING. CAUSE OF ACTION THE IMPROPER DISPOSAL OF PCB'S IN CONCENTRATION LEVELS IN EXCESS OF 50 PPM IS A VIOLATION OF 5(E) OF TSCA AND OF THE REGULATIONS PROMULGATED PURSUANT TO IT; 40 C.F.R. 761.10(A) AND 40 C.F.R. 761.40(E)(1) (THE ORIGINAL REGULA- TIONS CONTROLLED SUCH DISPOSALS IN CONCENTRATIONS IN EXCESS OF 500 PPM; IN 1979 THE APPLICABLE REGULATIONS WERE AMENDED TO APPLY TO DISPOSALS OF CONCENTRATIONS OF PCB'S IN EXCESS OF 50 PPM.) THE VIOLATION OF THESE REGULATIONS IS A VIOLA- TION OF 15 OF TSCA. PROPOSED REMEDIES EPA IS SEEKING INJUNCTIVE RELIEF THAT WILL, INTER ALIA, COMPEL THE DEFENDANT TO 1) INITIATE AN APPROPRIATE SPILL SITE SAMPLING AND SOIL ANALYSIS PROGRAM; 2) CONDUCT RE- QUIRED TESTING WITHIN A 5 DAY PERIOD; 3) INITIATE AN IM- MEDIATE CLEAN UP OF ALL SPILL SITES SHOWING CONCENTRATION OF PCB'S IN EXCESS OF 50 PPM; 4) CONDUCT CLEAN UPS ONLY WITH THE WRITTEN APPROVAL OF EPA; 5) PROVIDE EPA WITH A LIST OF ALL SPILL SITES, FROM JANUARY 1, 1977 TO DATE; 6) PRO- VIDE EPA WITH THE NAMES AND ADDRESSES OF ALL PERSONS KNOWN TO HAVE COME IN CONTACT WITH PCB'S AS A RESULT OF THESE SPILLS; AND 7) TO AGREE TO PAY ALL MEDICAL EXPENSES IN- CURRED BY SUCH PERSONS. RE: 08/30/88 CIVIL CONTEMPT ACTION COMMONWEATLH EDISON IS THE LARGEST PROVIDER OF ELECTRICAL SERVICE IN THE NORTHERN THIRD OF THE STATE OF ILLINOIS. IT VIOLATED A CONSENT DECREE ENTERED ON SEPTEMBER 29,1986. BACKGROUND AND NATURE OF THE CASE: ON FEBRUARY 21, 1984, REGION V FILED AN ACTION AGAINST THE INVESTOR-OWNED UTILITY. THE ACTION ASSERTED CLAIMS UN- DER SECTS 7 AND 17 OF THE TOXIC SUBSTANCES CONTROL ACT ( TS CA ), CITING IMPROPER DISPOSAL AND CLEANUP OF POLYCHLORINA- TED BIPHENYL ( PCB ) DISCHARGES FROM RUPTURING EDISON CAPACI TORS. THE SUIT WAS SETTLED BY A CONSENT DECREE ( DECREE ) ENTERED ON SEPT. 29, 1986. THE DECREE PROVIDED FOR THE EXPE DITIOUS REMOVAL FROM SERVICE AND PROPER DISPOSAL OF ALL PCB CAPACITORS MOUNTED ON UTILITY POLES USED IN EDISON'S OVER- HEAD ELECTRICAL POWER DISTRIBUTION BY JANUARY 1, 1987. ADDI TIONALLY, THE DECREE PROVIDED FOR THE DECOMTAMINATION OF PCB -RELEASE SITES, BOTH PAST AND FUTURE, FROM EDISON'S RUPTURED PCB CAPACITORS. CAUSE OF ACTION: THE CAUSE OF ACTION IS COMMONWEALTH EDISON'S FAILURE TO COMPLY THE CONSENT DECREE REQUIREMENT THAT ALL CAPACITORS BE REMOVED BY JANUARY 1, 1987. PROPOSED REMEDY: REGION V RECOMMENDS THAT EDISON BE REQUIRED TO CERTIFY THAT ALL CAPACITORS HAVE BEEN REMOVED FROM EDISON'S POWER DISTRIBUTION AND TRANSMISSION SYSTEMS; THAT AN ACCELERATED DECONTAMINATION PROGRAM BE INSTITUTED, REQUIRING EDISON TO CLEAN AN ADDITIONAL FOUR TO SIX SPI

Defendants (1)

• EDISON CO., COMMONWEALTHNamed in complaintNamed in settlement

Facilities (1)

• COMMONWEALTH EDISON CO

  ONE FIRST NATIONAL PLAZA, CHICAGO, IL, 60617

  Registry ID: 110010640707

Statutes cited

• TSCA 17 — Toxic Sub Control Act
• TSCA 7 — Imminent Hazard

Enforcement conclusions (1)

• COMMONWEALTH EDISON CO.entered 1986-11-12

  Primary law: TSCA

Timeline (8 milestones)

• 1983-09-30Referred To Headquarters
• 1983-11-07Referred To Dept Of Justice
• 1984-02-20Referred TO U.S. Attorney
• 1984-02-21Complaint Filed With Court
• 1986-11-12Final Order Lodged
• 1986-11-12Final Order Entered
• 1986-11-12Concluded
• 1992-01-15Enforcement Action Closed