9/16/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1868. RESPONDENT ALSO AGREES TO COMPLETE A SEP.
SPECIFIC ALLEGATIONS:
ON OR ABOUT NOV 5, 2007, AN INSPECTION WAS CONDUCTED AT RESPONDENT'S FACILITY LOCATED AT 1415 ISLAND FORD ROAD IN MADISONVILLE, KY, TO DETERMINE COMPLIANCE WITH REGULATIONS PROMULGATED UNDER SECTION 6(e) OF TSCA PERTAINING TO PCBs.
AT THE TIME OF THE INSPECTION, RESPONDENT POSSESSED A GENERAL ELECTRIC CAPACITOR WHICH CONTAINED 0.60 GALLONS OF FLUID WITH A PCB CONCENTRATION GREATER THAN 500 PPM, ANOTHER GENERAL ELECTRIC CAPACITOR WHICH CONTAINED 0.30 GALLONS OF FLUID WITH A PCB CONCENTRATION GREATER THAN 500 PPM, AND A AEROVOX CAPACITOR WHICH CONTAINED 0.30 GALLONS OF FLUID WITH A PCB CONCENTRATION GREATER THAN 500 PPM. THESE CAPACITORS WERE LOCATED IN THE TRANSMITTER CABINET.
PURSUANT TO 40 CFR 761.40(a)(5), EQUIPMENT CONTAINING A PCB LARGE HIGH VOLTAGE CAPACITORS AT THE TIME OF DISTRIBUTION IN COMMERCE IF NOT ALREADY MARKED, SHALL BE MARKED WITH A LARGE PCB MARK AS ILLUSTRATED IN 40 CFR 761.45(a). RESPONDENT FAILED TO MARK WITH A LARGE PCB MARK THE TRANSMITTER CABINET THAT CONTAINED THE CAPACITORS AS REQUIRED IN 40 CFR 761.40(a)(5).
RESPONDENT SHALL COMPLETE THE FOLLOWING POLLUTION PREVENTION SEP:
BY AUGUST 31, 2009, THE RESPONDENT SHALL REMOVE FROM USE AND APPROPRIATE DISPOSE THE 3 PCB CAPACITORS IN ITS POSSESSION, AND
BY AUGUST 31, 2009, RESPONDENT SHALL REPLACE, IF NECESSARY, ALL PCB CAPACITORS REMOVED AND DISPOSED