4/14/05 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $10,562.50 FOR THE ALLEGED CERCLA VIOLATION AND $10,562.50 FOR THE ALLEGED EPCRA VIOLATIONS. PAYMENT IS DUE WITHIN 30 DAYS.
ALLEGED VIOLATIONS: ON AUGUST 3, 2004, RESPONDENT HAD A RELEASE OF ANHYDROUS AMMONIA GREATER THAN 10 TIMES THE REPORTABLE QUANTITY (RQ). RESPONDENT SHOULD HAVE NOTIFIED THE NRC OF SAID RELEASE OF ANHYDROUS AMMONIA IMMEDIATELY AFTER IT HAD KNOWLEDGE THAT AN RQ OF A HAZARDOUS SUBSTANCE WAS RELEASED. 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 ITS RQ AT RESPONDENT'S FACILITY.
RESPONDENT FAILED TO IMMEDIATELY REPORT THE RELEASE TO THE SERC AND THE LEPC RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA.