10/30/06 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $500.
FACTUAL ALLEGATIONS:
ON APRIL 4, 2006, AN INSPECTION WAS CONDUCTED AT RESPONDENT'S FACILITY. THE FOLLOWING VIOLATIONS WERE DETECTED:
PURSUANT TO SECTION 6(e) OF TSCA, AND THE REGULATIONS FOUND AT 40 CFR 761.30(a)(1)(ix) AND (xii), A VISUAL INSPECTION OF EACH PCB TRANSFORMER IS USE OR STORED FOR REUSE SHALL BE PERFORMED AT LEAST ONCE EVERY 3 MONTHS.
RESPONDENT HAD ONE PCB TRANSFORMER IN USE LOCATED IN THE PRIMARY CLARIFIER CONTROL ROOM, LABELED WITH THE PCB LABEL, AND A KNOWN LEAKER. RESPONDENT ALSO HAD SIX PCB TRANSFORMERS STORED FOR REUSE. NO PCB INSPECTIONS OR RECORDS OF INSPECTIONS WERE BEING CONDUCTED OR MAINTAINED AT THE FACILITY, AS REQUIRED.
PURSUANT TO SECTION 6(e) OF TSCA, AND THE REGULATIONS FOUND AT 40 CFR 761.180(a), EACH OWNER OR OPERATOR OF A FACILITY USING OR STORING AT ANY ONE TIME AT LEAST 45 KILOGRAMS OF PCBs SHALL DEVELOP AND MAINTAIN AT THE FACILITY ALL ANNUAL RECORDS AND THE WRITTEN ANNUAL DOCUMENT LOG OF THE DISPOSITION OF PCBs AND PCB ITEMS.
RESPONDENT HAD SEVEN PCB TRANSFORMERS AT THE FACILITY AT THE TIME OF THE PCB INSPECTION. RESPONDENT FAILED TO DEVELOP AND MAINTAIN AT THE FACILIYT ANY ANNUAL RECORDS AND THE WRITTEN ANNUAL DOCUMENT LOGS, AS REQUIRED.