EPA v. MCGLENN, JAMES E. & J.E.M CONSTRUCTION SERVICES

Case summary

1. THIS IS A CIVIL ADMINISTRATIVE ACTION INSTITUTED PURSUANT TO SECTION16(A) OF THE TOXIC SUBSTANCES CONTROL ACT ( TSCA ) 15 U.S.C. SECTION2615 (A), AND SECTIONS 22.01 (A) AND 22.13 OF THE CONSOLIDATED RULES OFPRACTICE GOVERNING THE ADMINISTRATIVE ASSESSMENT OF CIVIL PENALTIES ANDTHE REVOCATION OR SUSPENSION OF PERMITS, 40 C. F. R. SECTION 22.01(A)(5) 22.13. 2. THE RESPONDENTS ARE JAMES E. MCGLENN AND J.E.M. CONSTRUCTIONSERVICES, INC., WHICH ARE AND WERE AT ALL TIMES RELEVANT TO THISCOMPLAINT, THE OWNERS OR OPERATORS OF PROPERTY LOCATED AT 4500 WMITCHELL ST., WEST MILWAUKEE, WISCONSIN. 3. ON DECEMBER 14, 1993, A REPRESENTATIVE OF THE U.S. EPA INSPECTEDPROPERTY LOCATED AT 4500 W. MITCHELL ST., WEST MILWAUKEE, WISCONSIN, TODETERMINE COMPLIANCE WITH THE PCB RULE. 4. AT THE TIME OF THE INSPECTION, BETWEEN 150 TO 200 DRUMS OF PCB WASTEWERE STORED AT 4500 W. MITCHELL ST., WEST MILWAUKEE, WISCONSIN. 5. THE DRUMS OF PCB WASTE CONSISTED OF SOIL CONTAMINATED BY A SPILL OFAPPROXIMATELY 200 GALLONS OF PCBS IN CONCENTRATIONS GREATER THAN 500 PPMFROM A PCB TRANSFORMER. 6. COMPLAINANT HAS DETERMINED THAT RESPONDENTS HAVE VIOLATED THEFEDERAL REGULATIONS REGARDING THE MARKING, STORAGE, RECORDKEEPING,MANIFESTING, AND DISPOSAL RFEQUIREMENTS OF THE PCB REGULATIONS, 40C.F.R. PART 761, AND THEREBY VIOLATED SECTION SECTION 15 OF TSCA, 15U.S.C. SECTION 2614. 7. RESPONDENTS HAD NOT DEVELOPED AND MAINTAINED COMPLETE RECORDS ANDDID NOT HAVE ANNUAL DOCUMENTS ON THE DISPOSITION OF ITS PCB ITEMS FORCALENDAR 1992 AND 1993. 8. RESPONDENTS HAD PCB ITEMS STORED FOR DISPOSAL IN A STORAGE AREA AT4500 W, MITCHELL ST., WEST MILWAUKEE, WISCONSIN. , WITHOUT ADEQUATE ROOFWALLS AND CONTINUOUS FLOOR AND CURBING CONSTRUCTED FROM SMOOTHIMPERVIOUS MATERIALS. 9. AT THE TIME OF THE INSPECTION, RESPONDENT HAD PCB CONTAINERS INSTORAGE FOR DISPOSAL FOR MORE THAN ONE YEAR FROM THE DATE PCB CONTAINERWERE FIRST PLACED IN STORAGE AT 4500 W. MITCHELL ST., WEST MILWAUKEE,WISCONSIN. 10. THE STORAGE AREA AT 4500 W. MITCHELL ST., WEST MILWAUKEE, WISCONSIN WAS NOT MARKED WITH AN ML LABEL.

Defendants (1)

• MCGLENN, JAMES E. & J.E.M CONNamed in complaintNamed in settlement

Facilities (1)

• WAUCONDA SAND & GRAVEL

  BONNER & GARLAND RD, WAUCONDA, IL, 60084

  Registry ID: 110009327022

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• MCGLENN, JAMES E. & J.E.M CONSTRUCTION SERVICESentered 1996-02-15

  Primary law: TSCA

  Federal penalty: $3,600

Timeline (3 milestones)

• 1994-10-03Enforcement Action Data Entered
• 1996-02-15Final Order Issued
• 1999-02-09Enforcement Action Closed