EPA v. NORTHEAST ILLINOIS RAILROAD CORP. (METRA)

Case summary

ON JUNE 14, 1995, U.S. EPA'S ENVIRONMENTAL SCIENCES DIVISION ISSUED AN ADMINISTRATIVE COMPLAINT AGAINST METRA ALLEGING VIOLATIONS OF TSCA AND THE TSCA PCB RECORD KEEPING REQUIREMENTS RELATING TO TWO PCB TRANSFORMERS. MORE SPECIFICALLY, THE COMPLAINT ALLEGED THAT METRA FAILED TO DEVELOP AND MAINTAIN RECORDS AND ANNUAL DOCUMENTS ON THE DISPOSITION OF PCBS AND PCB ITEMS, AND FAILED TO MAINTAIN RECORDS OF INSPECTIONS. THE TOTAL PENALTY ASSESSED IN THE COMPLAINT WAS $46,000. BASED UPON INFORMATION SUBMITTED DURING SETTLEMENT, U.S. EPA AND METRA AGREED THAT IT WAS APPROPRIATE FOR U.S. EPA TO WITHDRAW AND DISMISS WITH PREJUDICE COUNT V OF THE COMPLAINT, RELATING TO METRA'S ALLEGED FAILURE TO MAINTAIN AND HAVE AVAILABLE RECORDS REGARDING PCB TRANSFORMER INSPECTION AND MAINTENANCE HISTORY, BECAUSE METRA FORMAT PREFERRED BY U.S. EPA). BASED UPON ADDITIONAL INFORMATION PROVIDED IN THE COURSE OF SETTLEMENT, U.S. EPA ALSO REEVALUATED SOME OF THE ASSUMPTIONS MADE IN CALCULATING THE PENALTIES FOR EACH REMAINING COUNT. THUS, METRA'S REAMINING RECORD KEEPING VIOLATIONS DID NOT INVOLVE DISPOSAL OF PCB'S, BUT NONTHELESS FELL INTO THE MAJOR EXTENT CATEGORY OF NON-DISPOSAL VIOLATIONS, BECAUSE THE TWO TRANSFORMERS AT ISSUE EACH CONTAIN 827 GALLONS OF PCBS IN CONCENTRATIONS GREATER THAN 500 PPM. THE RECORD KEEPING ERRORS THEMSELVES, HOWEVER, WERE MINOR AND DEALT WITH THE OMISSION OF MINOR DATA DUE TO CLERICAL ERROR. ACCORDINGLY, U.S. EPA DETERMINED THAT, FOR COUNTS I THROUGH IV AND PERTAINING TO THE RECORD KEEPING REQUIREMENTS OF 40 C.F.R. SEC 761.180(A), THESE COUNTS SHOULD HAVE BEEN CLASSIFIED AS MAJOR EXTENT, LOW RANGE, LEVEL SIX CIRCUMSTANCES UNDER THE GRAVITY BASED PENALTY FORMULA OUTLINED IN U.S. EPA'S PCB PENALTY POLICY, RATHER THAN MAJOR EXTENT, LEVEL FOUR CIRCUMSTANCES. THUS, THE PENALTY AMOUNT FOR EACH OF COUNTS I THROUGH IV WAS EVALUATED TO BE $2,000, FOR A TOTAL PENALTY OF $8,000 (RATHER THAN $10,000 PER COUNT). THIS AMOUNT WAS FURTHER ADJUSTED DOWNWARD BY 15% TO REFLECT METRA'S ACTIONS IT HAS TAKEN. ACCORDINGLY, U.S. EPA AGREED TO SETTLE ITS PROCUDURES TO ENSURE THAT IN THE FUTURE THE LIKELIHOOL OF OTHER MINOR CLERICAL ERRORS OCCURRING IS MINIMIZED OF ELIMINATED. THE CLAIMS RAISED IN THE COMPLAINT WERE RESOLVED IN THE SEPTEMBER 6, 1996, CACO.

Defendants (1)

• NORTHEAST ILLINOIS RAILROAD CORP.Named in complaintNamed in settlement

Facilities (1)

• NORTHEAST ILLINOIS RAILROAD CORP

  15739 WEST AVE, HARVEY, IL, 60426

  Registry ID: 110010739451

Statutes cited

• TSCA 16 — Toxic Sub Control Act

Enforcement conclusions (1)

• NORTHEAST ILLINOIS RAILROAD CORP. (METRA)entered 1996-09-11

  Primary law: TSCA

  Federal penalty: $6,800

Timeline (4 milestones)

• 1995-06-08Enforcement Action Data Entered
• 1995-06-15Complaint Filed/Proposed Order
• 1996-09-11Final Order Issued
• 1996-09-23Enforcement Action Closed