9/8/04 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,281 FOR THE CERCLA VIOLATION AND $5,281 FOR THE EPCRA VIOLATION.
ON MAY 18, 2004, RESPONDENT HAS A RELEASE OF ANHYDROUS AMMONIA IN THE AMOUNT OF APPROX 300 POUNDS, A QUANTITY GREATER THAN THE REPORTABLE QUANTITY (RQ) OF 100 POUNDS. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a) OF CERCLA BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF ANHYDROUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN IT RQ. IN ACCORDANCE WITH EPCRA 304(a), RESPONDENT SHOULD HAVE IMMEDIATELY NOTIFIED THE SERC IMMEDIATELY AFTER IT HAD KNOWLEDGE OF THE RQ