8/3/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,860. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
ON JULY 8, 2011, A RELEASE OF BENZENESULFONYL CHLORIDE (BSC), A HAZARDOUS SUBSTANCE ABOVE THE RQ OCCURRED AT RESPONDENT'S FACILITY. RESPONDENT ASSERTS THAT IT NOTIFIED THE NRC WITHIN 19 MINUTES OF OBTAINING KNOWLEDGE SUFFICIENT TO DETERMINE THAT THE AMOUNT OF BSC RELEASED INTO THE ENVIRONMENT AND OUTSIDE THE FACILITY'S SECONDARY CONTAINMENT TECHNOLOGY MAY HAVE EXCEEDED THE RQ FOR BSC.
EPA ALLEGES THAT RESPONDENT VIOLATED THE NOFIFICATION RQUIRMENTS OF SECTION 103(a) OF CERCLA, AND THE APPLICABLE CERCLA REGULATIONS AT 40 C.F.R. SECTION 302.6, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE BSC RELEASE IN AN AMOUNT EQUAL TO OR GREATER THAN THE APPLICABLE RQ AT THE FACILITY.