12/27/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6,450 FOR THE CERCLA VIOLATION WHICH SHALL BE PAID WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS CAFO; AND A PENALTY OF $42,750 FOR THE EPCRA VIOLATION WHICH SHALL BE PAID WITHIN 30 DAYS.
VIOLATIONS OF CERCLA 103:
ON JAN 16, 2006, RESPONDENT HAD A RELEASE OF PROPIONITRILE ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY. 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 PROPIONITRILE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY.
VIOLATIONS OF SECTION 304(a) EPCRA:
ON JAN 16, 2006 AND MAR 18, 2008, RESPONDENT HAD A RELEASE OF PROPIONITRILE ABOVE THE 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 PROPIONITRILE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.
VIOLATION OF EPCRA 304(c):
ON MARCH 18, 2008, RESPONDENT HAD A RELEASE OF PROPIONITRILE ABOVE THE RQ AT THE FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SEC 304(c) OF EPCRA BY FAILING TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE SERC AND THE LEPC WHEN THERE HAD BEEN A RELEASE OF PROPIONITRILE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESOPNDENT'S FACILITY.