6/1/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $28,596. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
RESPONDENT VIOLATED 40 C.F.R. SECTION 761.65 WHEN IT DID NOT STORE PCB-CONTAMINATED OIL AND PCB ARTICLES IN ACCORDANCE WITH THE APPLICABLE STORAGE FOR DISPOSAL RULES CONTAINED IN 40 C.F.R. SECTION 761.65. RESPONDENT HAD MISCHARACTERIZED THE OIL AS CONTAINING A PCB CONCENTRATION OF LESS THAN 50 ppm.
RESPONDENT VIOLATED 40 C.F.R. SECTION 761.1(b)(5) WHEN IT DILUTED PCB-CONTAMINATED OIL TO LESS THAN 50 PPM. RESPONDENT HAS ASSERTED THAT THE DILUTION OCCURRED INADVERTENTLY AS A RESULT OF RESPONDENT HAVING MISTAKENLY DETERMINED THAT THE OIL REMOVED FROM ITS PCB EQUIPMENT CONTAINED LESS THAN 50 PPM PCBs WHEN IT FACT IT CONTAINED MORE THAN 50 ppm.
RESPONDENT VIOLATED 40 C.F.R. SECTION 761.60(a)(1) WHEN IT IMPROPERLY DISPOSED OF PCB-CONTAIMINATED OIL. RESPONDENT MISCHARACTERIZED THE OIL AS CONTAINING A PCB CONCENTRATION OF LESS THAN 50 ppm.
RESPONDENT VIOLATED 40 C.F.R. SECTION 761.60(b)(6)(ii) WHEN IT IMPROPERLY DISPOSED OF DRAINED PCB-CONTAMINATED ELECTRICAL EQUIPMENT. THE OIL IN THE ELECTRICAL EQUIPMENT HAD BBEN MISCHARACTERIZED AS CONTAINING A PCB CONCENTRATION OF LESS THAN 50 ppm.
RESPONDENT VIOLATED 40 C.F.R. SECTION 761.60(b)(1) WHEN IT DID NOT DISPOSE OF DRAINED PCB TRANSFORMERS IN A QUALIFIED INCINERATOR OR PCB CHEMICAL LANDFILL.
RESPONDENT VIOLATED 40 C.F.R. SECTION 761.207 WHEN IT DID NOT PREPARED A MANIFEST