ON SEPTEMBER 30, 2005, A COMPLAINT, COMPLIANCE ORDER AND NOTICE OF OPPORTUNITY FOR HEARING ( COMPLAINT ) WAS FILED BY REGION III PURSUANT TO THE TOXIC SUBSTANCES CONTROL ACT ( TSCA ), 15 U.S.C. SECTION 2605(E), AND THE REGULATIONS IMPLEMENTING TSCA SECTION 6(E), 15 U.S.C. SECTION 2605(E), AS SET FORTH AT 40 C.F.R. PART 761, AT UNIVERSAL CONCRETE PRODUCTS CORPORATION ( RESPONDENT ). THE COMPLAINT ALLEGES VIOLATIONS OF THE POLCYHLORINATED BIPHENYL ( PCB ) MANUFACTURING, PROCESSING, DISTRIBUTION IN COMMERCE, AND USE PROHIBITIONS, 40 C.F.R. PART 761 REGULATIONS ( PCB REGULATIONS ) AT RESPONDENT'S FACILITY LOCATED AT 400 OLD READING PIKE IN STOWE, PENNSYLVANIA ( THE FACILITY ).
RESPONDENT HAD THREE PCB TRANSFORMERS IN USE AT THE TIME OF EPA'S INSPECTION WHICH SUPPLIED THE BASIS FOR THE VIOLATIONS IN THE COMPLAINT. COMBUSTIBLE MATERIALS (CARBOARD, PALLETS, SMALL PIECES OF WOOD AND A RAG/SHIRT) WERE STORED WTIHIN 5 METERS OF A TRANSFORMER ENCLOSURE AND WERE STORED IN THE PARTITIONED AREA HOUSING ANTOEHR TRANSFORMER. RESPONDENT ALSO FAILED TO MAINTAIN RECORDS OF QUARTERLY INSPECTIONS OR A MAINTENANCE HISTORY FOR THE FAICLITY'S PCB TRANSFORMER. THE FACILITY WAS MISSING THE QUARTERLY VISUAL INSPECTION LOGS FOR ITS PCB TRANSFORMERS. IN ADDITION, RESPONDENT DID NOT HAVE ANNUAL RECORDS OR AN ANNUAL DOCUMENT LOG ON FILE AT THE FACILITY. EPA PROPOSES THE ASSESSMENT OF A CIVIL PENALTY OF $154,530 FOR THE VIOLATIONS IN THE COMPLAINT.
RESPONDENT'S FACILITY PRODCUES PRE-CAST CO