7/5/05 - CAFO ISSUED, ASSESSING A PENALTY OF $3,961 FOR THE CERCLA VIOLATION AND A PENALTY OF $3,961 FOR THE EPCRA VIOLATION.
ALLEGED VIOLATIONS: ON MAY 14, 2004, RESPONDENT HAD A RELEASE OF ANHYDROUS AMMONIA IN THE AMOUNT OF APPROXIMATELY 815 POUNDS, A QUANTITY GREATER THAN THE REPORTABLE QUANTITY (RQ). RESPONDENT SHOULD HAVE NOTIFIED THE NRC OF SAID RELEASE IMMEDIATELY AFTER IT HAD KNOWLEDGE THAT AN RQ OF A HAZARDOUS SUBSTANCE WAS RELEASED. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTIO 103(a) OF CERCLA BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. RESPONDENT ALSO FAILED TO IMMEDIATELY REPORT THE RELEASE TO THE SERC AND TO THE LEPC - IN VIOLATION OF EPCRA SECTION 304(a)