9/30/2011 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $40,000, PLUS INTEREST, DUE IN INSTALLMENT PAYMENTS. WITHIN 30 DAYS OF FILING, $23,415 IS DUE. WITHIN 120 DAYS OF FILING, $5,556 IS DUE. WITHIN 210 DAYS OF FILING, $5,556 IS DUE. WITHIN 300 DAYS OF FILING, $5,556 IS DUE.
ALLEGATIONS:
ON OR ABOUT NOV 17, 2010, A JOINT INSPECTION WAS CONDUCTED BY EPA AND ADEM AT RESPONDENT'S FACILITY IN VALLEY, AL, TO DETERMINE RESPONDENT'S COMPLIANCE WITH THE PCB REGS.
DURING THE INSPECTION, EPA AND ADEM OBSERVED PCB EQUIPMENT BEING STORED ON-SITE FOR DISPOSAL.
IN AUG 2011, THE TWO PCB TRANSFORMERS AND 28 PCB CAPACITORS WERE REMOVED FROM THE FACILITY BY TCI OF ALABAMA, LLC (TCI) AND TRANSPORTED TO TCI'S FACILITY FOR FURTHER PROCESSING IN PREPARATION FOR EVENTUAL FINAL DISPOSAL.
ON OR ABOUT SEPT 22, 2011, RESPONDENT DISCOVERED AN ADD'L 20 PCB CAPACITORS BEING STORED AT THE FACILITY. AS OF THE DATE OF THIS CAFO, RESPONDENT IS CONDUCTING A FURTHER SEARCH OF ITS FACILITY FOR ANY REMAINING PCB CAPACITORS AND HAS AGREED TO PROPERLY DISPOSE OF THEM.
THE TWO PCB TRANSFORMERS AND THE APPROX 48 PCB CAPACITORS THAT WERE VISIBLE TO THE INSPECTORS WERE LABELED PCB AT THE TIME OF THE NOV 17, 2010, INSPECTION AND COLLECTIVELY CONTAINED AT LEAST 768 GALLONS OF PCB FLUIDS.
THE TWO PCB TRANSFORMERS WERE REGISTERED WITH EPA ON 12-15-98, AS CONTAINING OVER 500 PPM PCBs.
40 CFR 761.65(b) REQUIRES PCBs AND PCB ITEMS DESIGNATED FOR DISPOSAL MUST BE STORED IN AN AREA