EPA v. EL PASO ELECTRIC COMPANY

Case summary

1. SECTION 16 OF THE TOXIC SUBSTANCES CONTROL ACT ( TSCA ), AS AMENDED, 15 U.S.C. SEC. 2615. 2. EL PASO ELECTRIC COMPANY 601 SOUTH SANTA FE STREET EL PASO, TEXAS 3. RESPONDENT WAS IN VIOLATION OF SECTION 15(1)(C) OF TSCA BY 1) FAILURE TO ADEQUATELY REGISTER PCB TRANSFORMER WITH COMMERCIAL BUILDING OWNER, 2) FAILURE TO MAINTAIN RECORDS OF PCB TRANSFORMER INSPECTIONS, 3) FAILURE TO REGISTER PCB TRANSFORMER WITH FIRE RESPONSE PERSONNEL WITH 30 DAYS OF DISCOVERY, 4) FAILURE TO MARK STRUCTURE WITH ML, 5) IMPROPER DISPOSAL OF PCBS, 6) IMPROPER STORAGE OF PCB I- TEMS - STORAGE FOR GREATER THAN 30 DAYS IN AN AREA NOT COMPLYING WITH THE REQUIREMENTS OF 40 C.F.R. SEC. 761.65 (B), 7) IMPROPER STORAGE OF PCB CONTAINERS - FAILURE TO HAVE ATTACHED NOTATION OF DATE CONTAINER WAS REMOVED FRON SERVICE, 8) IMPROPER STORAGE OF PCB CONTAINERS - FAILURE TO HAVE A PREPARED SPCC PLAN, 9) IMPROPER STORAGE FACILI- TY, 10) FAILURE TO NOTIFY EPA OF PCB WASTE ACTIVITY, 11) INADEQUATE ANNUAL DOCUMENT LOG FOR 1990, 12) INADEQUATE ANNUAL DOCUMENT LOG FOR 1991, 13) INADEQUATE ANNUAL DOC- UMENT LOG FOR 1992, AND 14) IMPROPER MANIFESTING. 4. RELIEF SOUGHT PURSUANT TO SECTION 16 OF TSCA, EPA PRO- POSES A PENALTY OF $137,100.

Defendants (1)

• EL PASO ELECTRIC COMPANYNamed in complaintNamed in settlement

Facilities (1)

• EL PASO ELECTRIC CO

  3RD & SANTA FE, EL PASO, TX, 79901

  Registry ID: 110013888524

Statutes cited

• TSCA 151C — Toxic Sub Control Act

Enforcement conclusions (1)

• EL PASO ELECTRIC CO.entered 1995-10-03

  Primary law: TSCA

Timeline (5 milestones)

• 1995-09-26Enforcement Action Data Entered
• 1995-09-27Complaint Filed/Proposed Order
• 1995-10-03Final Order Issued
• 1995-10-04Compliance Achieved
• 1995-10-04Enforcement Action Closed