5/29/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $23,010 (CERCLA VIOLATION - $15,795 AND EPCRA VIOLATION - $7,215). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
EPA'S ALLEGATIONS OF VIOLATIONS:
VIOLATION OF SECTION 103(a) OF CERCLA
ON APRIL 30, 2010, RESPONDENT HAD A RELEASE OF HYDROGEN SULFIDE ABOVE THE RQ AT THE FACILITY. ON FEBRUARY 11, 2011, RESPONDENT HAD A RELEASE OF DISSOLVED AIR FLOTATION (K048) ABOVE THE RQ AT THE FACILITY. ON APRIL 17, 2011, RESPONDENT HAD A RELEASE HAD A RELEASE OF NITROGEN OXIDES ABOVE THE RQ AT THE FACILITY.
EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a) OF CERCLA, AND THE APPLICABLE CERCLA REGULATIONS, 40 C.F.R. SECTION 302.6, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF RELEASES OF HYDROGEN SULFIDE, DISSOLVED AIR FLOTATION WATER (K048), AND NITROGEN OXIDES AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY.
VIOLATION OF SECTION 304(a) OF EPCRA
ON APRIL 30, 2010, RESPONDENT HAD A RELEASE OF HYDROGEN SULFIDE ABOVE THE RQ AT THE FACILITY. ON MAY 1, 2010, RESPONDENT HAD A RELEASE OF SULFUR DIOXIDE ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT THE RELEASES RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSONS BEYOND THE SITE OR SITES ON WHICH THE FACILITY IS LOCATED.
EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA, BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS