EPA v. WAYSIDE TEMPLE CHURCH, IN THE MATTER OF

Case summary

RESPONDENTS IMPROPERLY DISPOSED OF PCBS (POLYCHLORINATED- BIPHENYLS), AND INPROPERLY STORED, FAILED TO DATE, AND FAILED TO MARK PDB ARTICLES, ITEMS, AND STORAGE AREA. THE WAYSIDE TEMPLE CHURCH AND SHELBY GILLAM, ITS PASTOR, OWN AND OR OPERATE A RESIDENTIAL PROPERTY (6815 PARKER ROAD, CASTALIA, OHIO) AND A GARAGE/STORAGE BUILDING/RADIO STATION (3809 MAPLE AVENUE, CASTALIA, OHIO). INSPECTION OF AND INVESTIGATION AT THE FACILITIES REVEALED THAT MR. GILLAM HAD DRAINED PCBS FROM TWO FILTER REACTORS INTO AN EXCAVATED PIT LOCATED AT THE 6815 PARKER ROAD FACILITY AND THAT THE CHURCH HAD THE TWO FILTER REACTORS, THREE LARGE CAPACITORS, AND OTHER ELECTRICAL EQUIPMENT PREVIOUSLY REMOVED FROM SERVICE AT THE CHURCH'S RADIO STATION, BUT HAD FAILED TO PROPERLY STORE THE ARTICLES/ITEMS; FAILED TO DATE THE ARTICLES WHEN STORED; FAILED TO LABEL THE CAPAVOYPTD, AS WELL AS THE STORAGE AREA WHERE THESE WERE STORED. THE TWO FILTER REACTORS AND THREE LARGE CAPACITORS WERE NAME-PLATED AS CONTAINING PCBS IN CONCENTRATIONS GREATER THAN 500 PPM. THE RESULTING COMPLAINT THUS ALLEGED SIX VIOLATIONS OF THE PCB RULE (40 C.F.R. PART 761) AND SECTION 15(1) OF TSCA, 15 (1) OF TSCA, 15 U.S.C. 2614 (1):(1) IMPROPER DISPOSAL OF PCB AT THE 6815 PARKER ROAD FACILITY; (2) FAILURE TO DISPOSE OF PCB ARTICLES WITHIN ONE YEAR FROM THE DATE OF FIRST PLACEMENT IN STORAGE; (3) FAILURE TO STORE PCB ITEMS IN A PROPER STORAGE FACILITY; (4) FAILURE TO DATE PCB ARTICLES WHEN PLACED IN STORAGE; (5) FAILURE TO LABEL PCB LARGE CAPACITORS; AND (6) FAILURE TO LABEL THE STORAGE ARE WHERE THE THREE LARGE PCB CAPACITORS WERE STORED. THE SIX COUNT COMPLAINT SOUGHT PENALTIES OF $28,000. THE MATTER WAS SETTLED FOR 16,000, VIA ALTERNATIVE DISPUTE RESOLUTION PROCESS, BASED ON CONSIDERATIONS OF DEFENDANTS' GOOD FAITH AND COOPERATION, AND LITIGATION RISKS POSED BY PROCEEDING TO TRIAL AGAINST THESE PARTICULARLY SYMPATHETIC DEFENDANTS, I.E., A SMALL RURAL CHURCH AND ITS PASTOR WHOSE INCOME APPEARS TO BE MODERATELY LOW.

Defendants (2)

• SHELBY GILLAMNamed in settlement
• WAYSIDE TEMPLE CHURCHNamed in complaintNamed in settlement

Facilities (2)

• WGGN RADIO STA

  3809 MAPLE AVE, CASTALIA, OH, 44828

  Registry ID: 110010727516

• SHELBY GILIAM

  6815 PARKER RD, CASTALIA, OH, 44824

  Registry ID: 110004725272

Statutes cited

• TSCA 15 — Prohibited Acts

Enforcement conclusions (1)

• WAYSIDE TEMPLE CHURCH, IN THE MATTER OFentered 1999-01-28

  Primary law: TSCA

  Federal penalty: $16,000

Timeline (4 milestones)

• 1998-05-13Complaint Filed/Proposed Order
• 1998-06-22Enforcement Action Data Entered
• 1999-01-28Final Order Issued
• 1999-08-31Enforcement Action Closed