2/16/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $26,550; CERCLA VIOLATION - $13,275 AND EPCRA VIOLATION $13,275. RESPONDENT SHALL MAKE PAYMENT IN FOUR QUARTERLY INSTALLMENTS. THE FIRST PAYMENT OF $3,345.81 IS PAYABLE BY MARCH 1, 2011 AND THE LAST PAYMENT OF $3,337.46 IS PAYABLE BY DECEMBER 1, 2011.
ORDER ALLEGES:
ON JULY 28, 2010, RELEASES OF FORMALDEHYDE AND 1,4 DICHLOROBENZENE, BOTH IN QUANTITIES EXCEEDING THEIR RESPECTIVE RQ, OCCURRED FROM RESPONDENT'S FACILITY.
EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 1039a) OF CERCLA, 42 U.S.C SECTION 9603(A), BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF FORMALDEHYDE AND 1,4 DICHLOROBENZENE IN AMOUNTS EQUAL TO OR GREATER THAN THEIR RESPECTIVE RQ AT RESPONDENT'S FACILITY. IN VIOLATION OF SECTION 109 OF CERCLA.
EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA, 42 U.S.C. SECTION 1104(a), BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF FORMALDEHYDE AND 1, 4-DICHLROBENZENE IN AMOUNTS EQUAL TO OR GREATER THAN THEIR RESPECTIVE RQ AT RESPONDENT'S FACILITY.