FITCHBURG GAS & ELECTRIC (FG&E) AGREED TO A CONSENT AGREEMENT AND FINAL ORDER ( CAFO ) UNDER TSCA THAT SETTLED AN ADMINISTRATIVE PENALTY ACTION AGAINST FG&E FOR FAILING TO COMPLY WITH THE PCB REGULATIONS WHICH REQUIRED: 1) THE TWO OUT-OF-SERVICE PCB-CONTAMINATED TRANSFORMERS TO BE PROPERLY DATED; 2) STORAGE OF THE TWO REGULATED TRANSFORMERS ON SITE FOR NO MORE THAN THIRTY DAYS WITHOUT NOTIFYING EPA AND REGISTERING THE FACILITY; 3) THE PROPER MARKING OF THE STORAGE AREA; AND 4) DISPOSAL OF THE STORED PCB-CONTAMINATED TRANSFORMERS WITHIN ONE YEAR. THESE VIOLATIONS WERE DISCOVERED BY FG&E ON APRIL 23, 2001 AND VOLUNTARILY DISCLOSED TO EPA IN RESPONSE TO AN EPA INFORMATION REQUEST ON JUNE 27, 2001. FG&E'S DISCLOSURE TO EPA WERE MADE AFTER A WHISTLEBLOWER ACTION FROM A FORMER EMPLOYEE, A CITIZEN COMPLAINT ABOUT THE FACILITY TO EPA's ADMINSITRATOR, AND AN IMPENDING SITE INVESTIGATION OF THE FACILITY BY THE REGION'S SUPERFUND REMOVAL PROGRAM.
UNDER THE TERMS OF THE SETTLEMENT FG&E HAS AGREED TO PAY A $6765 PENALTY. THE PENALTY ADDRESSES ALL OF THE TSCA VIOLATIONS EPA ALLEGED IN THE CAFO. ALSO, UNDER THE SETTLEMENT, FG&E STATES THAT IT HAS PROPERLY DISPOSED OF THE TWO PCB TRANSFORMERS, IN COMPLIANCE WITH TSC