4/25/06 - CONSENT AGREEMENT AND FINAL ORDER ISSUED. RESPONDENT SHALL PAY A PENALTY OF $2,640, FOR THE CERCLA VIOLATION, DUE WITHIN 30 DAYS. RESPONDENT SHALL ALSO PAY A PENALTY OF $2,641, FOR THE EPCRA VIOLATIONS, DUE WITHIN 30 DAYS.
RESPONDENT ALSO AGREES TO COMPLETE A SEP.
ALLEGED VIOLATIONS:
ON MARCH 2, 2005, A RELEASE OF ACRYLONITRILE ABOVE THE REPORTABLE QUANTITY (RQ) OCCURRED AT THE FACILITY.
EPA ALLEGES THAT 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 ACRYLONITRILE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY.
EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICCATION REQUIREMENTS OF SECTION 304(a) OF EPCRA BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF ACRYLONITRILE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.
RESPONDENT FAILED TO SUBMIT A FOLLOWUP WRITTEN NOTICE TO THE SERC AND TO THE LEPC IN A TIMELY MATTER; IN VIOLATION OF EPCRA 304(c).