5/25/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $13,458. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
AT SOME TIME DURING THE CALENDAR YEARS 2008, 2007, AND 2006, LIQUID NITROGEN WAS PRESENT AT THE FACILITY IN AN AMOUNT EQUAL TO OR GREATER THAN 10,000 POUNDS.
LIQUID NITROGEN IS A HAZARDOUS CHEMICAL AS DEFINE BY SECTION 329(5) OF EPCRA, 42 U.S.C SECTION 11049(5) FOR WHICH RESPONDENT IS REQUIRED TO PREPARE OR HAVE AVAILABLE AN MSDS UNDER OSHA AT ITS FACILITY.
RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR LIQUID NITROGEN TO THE SERC, THE LEPC, AND FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2008, 2007, AND 2006, BY MARCH 1 OF THE FOLLOWING YEAR.
RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 312 OF EPCRA.