3/2/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $11,507 FOR THE CERCLA VIOLATION AND A PENALTY OF $11,507 FOR THE EPCRA VIOLATIONS - TO BE PAID WITHIN 30 DAYS.
ON APRIL 21, 2009, RESPONDENT HAD A RELEASE OF ANHYDROUS AMMONIA ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILIYT. 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 ANHYDROUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY.
RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA SEC 304(a) BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEP AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF ANHYDROUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE TQ AT RESPONDENT'S FACIITY.