9/3/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED. CERCLA VIOLATION PENALTY ASSESSED OF $1,310 AND EPCRA VIOLATION PENALTY ASSESSED OF $2,621,TOTAL PENALTY IS $3,931. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP.
ORDER ALLEGES: ON SEPTEMBER 29, 2008, RESPONDENT HAD A RELEASE OF M-XYLENE ABOVE THE RQ 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 M-XYLENE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY.
EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION 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 M-XYLENE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.