7.5.12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4,192, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON MARCH 9, 2011, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY IN CHARLESTON, SC TO DETERMINE COMPLIANCE WITH THE PCB REGS.
DURING THE INSPECTION, EPA OBSERVED THAT RESPONDENT HAD GENERATED AND STORED PCB CONTAINING BALLASTS AND PCB WASTE FROM RESEARCH ACTIVITIES.
A REVIEW OF THE EPA'S DATABASE FOR PCB HANDLERS INDICATED THE MUSC FAILED TO COMPLETE AND FILE EPA FORM 7710-53 WITH EPA BY APR 4, 1990. MUSC FILED EPA FORM 7710-53 WITH EPA ON OR ABOUT MARCH 16, 2011.
PURSUANT TO 40 CFR 761.205(b), GENERATORS, COMMERCIAL STORERS, TRANSPORTERS AND DISPOSERS OF PCB WASTE WHO HAVE PREVIOUSLY NOTIFIED EPA OR A STATE OF HAZARDOUS WASTE ACTIVITIES UNDER RCRA SHALL NOTIFY EPA OF THEP PCB WASTE ACTIVITIES UNDER 40 CFR PART 761, BY FILING EPA FORM 7710-53 WITH EPA BY NO LATER THAN APR 4, 1990.
BASED ON THE INSPECTION, EPA HAS DETERMINED THAT MUSC HAS VIOLATED SECTION 15 OF TSCA AND 40 CFR 761.205(b) AS A RESULT OF ITS FAILURE TO NOTIFY EPA OF ITS PCB WASTE ACTIVITIES REGULATED UNDER 40 CFR PART 761.