12/1/09 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,310 FOR THE CERCLA VIOLATION WHICH SHALL BE PAID WITHIN 30 DAYS. RESPONDENT SHALL PAY A CIVIL PENALTY OF $5,239 FOR THE EPCRA VIOLATIONS, WHICH SHAL BE PAID WITHIN 30 DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP.
ON DECEMBER 13, 2008, RESPONDENT HAD A RELEASE OF HYDROGEN SULFIDE ABOVE THE REPORTABLE QUANTITY (RQ) AT ITS FACILITY. EPA ALLEGES THAT THE 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 HYDROGEN SULFIDE IN AN AMOUNT EQUAL TO OR GREATER THAN IT RQ AT THE FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA SEC 304(a) BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF HYDROGEN SULFIDE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA SEC 304(c) BY FAILING TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE SERC AND LEPC WHEN THERE HAD BEEN A RELEASE OF HYDROGEN SULFIDE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.