9/31/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $62,000, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON OR ABOUT FEB 18, 2011, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY. AT THE TIME OF THE INSPECTION, THE FACILITY WAS UNDERGOING DEMOLITION BY RESPONDENT'S CONTRACTOR AND ELECTRICAL POWER TO THE BLDG HAD BEEN SHUT OFF. RESPONDENT HAS ASSERTED THAT IT MADE EVERY REASONABLE EFFORT TO ENSURE THAT ALL PCB-CONTAINING WASTE WOULD BE PROPERLY HANDLED DURING THE DEMOLITION.
INSPECTORS OBSERVED CAPACITORS IN THE KNITTING ROOM THAT WERE LEAKING AND DRIPPING FLUIDS ONTO THE FLOOR. BASED ON TEH AGE OF THE FACILITY AND THE CONDITION OF THE CAPACITORS, AND IN ACCORDANCE WITH THE PCB CONCENTRATION ASSUMPTIONS FOR USE FOUND AT 40 CFR 761.2(a)(4), THE CAPACITORS MUST BE ASSUMED TO HAVE CONTAINED PCB CONCENTRATIONS GREATER THAN OR EQUAL TO 500 PPM. THE INSPECTORS ALSO OBSERVED LEAKING PYRANOL (PCB) CAPACITORS IN THE BASEMENT. POOLING OF PCB OIL WAS OBSERVED SURROUNDING THESE PYRANOL CAPACITORS. DUE TO THE PRESENCE OF EQUIPMENT THAT WAS LEAKING PCBs AND NO EVIDENCE THAT ACTION HAD BEEN TAKEN TO CLEAN IT UP AND PROPERLY DISPOSE OF THE PCB WASTE AND EQUIPMENT, EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 CFR 761.125 AND 761.60.
PURSUANT TO THE REQUIREMENTS SET FORTH IN 40 CFR 761.40, PCB ITEMS MUST BE MARKED WITH THE Ml MARK. DURING THE FEB 18, 2011, INSPECTION, THESE MARKS WERE NOT OBSERVED ON ANY OF THE VARIOUS PCB ELECTRICAL EQUIPMENT OBSERVED AT THE FACILIT