5/22/2013 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,840, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON OR ABOUT JUNE 28, 2011, AN INSPECTION WAS CONDUCTED BY REPRESENTATIVES OF THE TN DEPT OF ENVIRONMENT AND CONSERVATION (TDEC) AT RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH PCB REGS. AT THE TIME OF INSPECTION, THE FACILITY WAS IN OPERATION.
PURSUANT TO THE REQUIREMENTS SET FORTH IN 40 CFR 761.205(b) TRANSPORTERS WHO ENGAGE IN PCB WASTE HANDLING ACTIVITIES AFTER FEB 5, 1990, MUST NOTIFY THE EPA OF THEIR PCB WASTE ACTIVITIES BY FILING EPA FORM 7710-53 BEFORE ENGAGING IN PCB WASTE HANDLING ACTIVITIES. AS PART OF A FOLLOW-UP TO THE JUNE 28, 2011 INSPECTION, EPA REVIEWED THE 2010 ANNUAL PCB REPORT AND ANNUAL DOCUMENT LOG THAT HAD BEEN SUBMITTED BY AN APPROVED PCB DISPOSAL FACILITY. THE ANNUAL DOCUMENT LOG INDICATED THAT THE DISPOSAL FACILITY HAD RECEIVED 48 PCB CONTAINERS FROM A TRANSPORTER IDENTIFIED BY THE EPA ID NUMBER TNR000021519. THE MANIFESTS INDICATE THAT A TOTAL OF 48 PCB LIQUID CONTAINERS HAD BEEN RECEIVED FROM THIS TRANSPORTER INCLUDING 40 BULK PCB LIQUID CONTAINERS, 4 BULK CONTAINERS OF PCB LIQUID, AND 4 BULK CONTAINERS OF PCB ARTICLES LISTED AS NON-HAZARDOUS. THE AFOREMENTIONED EPA ID NUMBER WAS ASSIGNED TO URS-SAFETY MANAGEMENT SOLUTIONS, PRIOR TO THE DATE COMPANY CHANGED ITS NAME TO URS PROFESSIONAL SOLUTIONS, LLC. AT THE TIME OF TDEC'S INSPECTION, URS-SAFETY MANAGEMENT SOLUTIONS WAS NOT LISTED ON THE EPA'S PCB ACTIVITY DATABASE (PADs) AS