7/7/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $21,125, FOR THE CERCLA VIOLATION AND A PENALTY OF $42,250 FOR THE EPCRA VIOLATION. PENALTY DUE WITHIN 30 DAYS.
ON DEC 3, 2008, RESPONDENT HAD A RELEASE OF CHLORINE ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA SEC 103(a) BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF CHLORINE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA SECTION 304(a) BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF CHLORINE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.