3/2805 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $22,908, TO BE PAID IN TWELVE MONTHLY INSTALLMENTS OF $1,909 EACH. FIRST PAYMENTS IS DUE WITHIN 30 DAYS.
ON OR ABOUT JULY 1, 2004, AN INSPECTION WAS CONDUCTED AT RESPONDENT'S FACILITY. THE FOLLOWING VIOLATIONS WERE DETECTED:
1. SECTION 6(e) OF TSCA, AND THE REGULATIONS FOUND AT 40 CFR 761.60(a) PROVIDE THAT PCBs AT CONCENTRATIONS MORE THAN 50 PPM MUST BE DISPOSED OF IN AN INCINERATOR WHICH COMPLIES WITH 761.70.
2. RESPONDENT HAD TWO PCB-CONTAMINATED TRANSFORMERS WHOSE FLUIDS WERE EMPTIED ON THE GROUND OF THE MAGNOLIA STREET STORAGE AREA, VIOLATING 40 CFR 761.60(a).
3. SECTION 6(e) OF TSCA AND THE REGULATIONS FOUND AT 40 CFR 761.65(b) PROVIDE THAT OWNERS OR OPERATORS OF ANY FACILITY USED FOR THE STORAGE OF PCBs AND PCB ITEMS DESIGNATED FOR DISPOSAL SHALL COMPLY WITH THE STORAGE UNIT REQUIREMENTS BY HAVING AN ADEQUATE ROOF AND WALLS TO PREVENT RAIN WATER FROM REACHING THE STORED PCBs AND PCB ITEMS, AND ADEQUATE FLOOR THAT HAS CONTINUOUS CURBING WITH A MINIMUM 6-INCH HIGH CURB.
4. RESPONDENT FAILED TO MEET THE PCB STORAGE REQUIREMENTS BY HAVING ADEQUATE ROOF, WALLS, AND FLOOR, VIOLATING 40 CFR 761.65(b).
5. SECTINO 6(e) OF TSCA AND THE REGULATIONS FOUND AT 40 CFR 761.40(a)(10) PROVIDE THAT EACH PCB STORAGE AREA USED TO STORE PCBs AND PCB ITEMS FOR DISPOSAL IN EXISTENCE ON OR AFTER JULY 1, 1978, SHALL BE MARKED AS ILLUSTRATED IN FIGURE 1 IN 761.45(a).
6. RESPONDENT FAILED TO M