4/24/2018 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSED A PENALTY OF $21,250, DUE WITHIN 30 DAYS.
ALLEGATIONS:
BY CONTRACTUAL AGREEMENT WITH RESPONDENT LYMAN WAREHOUSE, LLC, HOOK DEMO, LLC, ACQUIRED FIXTURES, PERSONALTY AND IMPROVEMENTS AT THE FACILITY FOR 3 YRS BEGINNING JUNE 6, 2011, AND IT OR ITS CONTRACTOR ENGAGED IN DEMOLITION, DISMANTLING AND OR REMOVAL ACTIVITIES AT THE FACILITY DURING THIS PERIOD, AND WAS A USER OF PCB ITEMS. HOOK DEMO SC, LLC'S ASSERTS THAT IT WAS NOT INVOLVED AFTER JUNE 3, 2014.
ON OR ABOUT JUNE 20, 2012, A JOINT INSPECTION WAS CONDUCTED BY EPA AND SCDHEC TO DETERMINE COMPLIANCE WITH PCB REGS.
DURING THE INSPECTION, EPA AND SCDHEC OBSERVED A NUMBER OF OUT OF SERVICE PCB ITEMS BEING STORED ON-SITE FOR DISPOSAL INCLUDING BUT NOT LIMITED TO A GE PCB-CONTAMINATED TRANSFORMER THAT WAS TESTED AND SHOWN TO CONTAIN 485 GALLONS OF OIL CONTAMINATED WITH 64 PPM OF PCBs LOCATED OUTSIDE THE BOILER HOUSE.
PRIOR TO JUNE 3, 2014, RESPONDENTS REMOVED THE PCB ITEMS FROM THE SITE FOR DISPOSAL BUT FAILED TO REMOVE THE GE TRANSFORMER.
ON MAY 19, 2016, A CAFO SIGNED BY RESPONDENTS AND EPA WAS ENTERED TO RESOLVE EPA'S ALLEGATIONS THAT RESPONDENTS HAD VIOLATED VARIOUS PCB REGS PERTAINING TO THEIR STORAGE AND HANDLING OF THE TRANSFORMER AND THE OTHER PCB ITEMS. IN THAT CAFO, RESPONDENT CERTIFIED THAT AT THE TIME OF THE ENTRY OF THE CAFO, THEY WERE IN COMPLIANCE WITH TSCA AND PCB REGS.
ON OR ABOUT JAN 3, 2017 A POTENTIAL BUYER OF THE LYMAN WAREHOUSE