CERCLA/EPCRA CASE INVOLVING ANHYDROUS AMMONIA RELEASE. BACKGROUND: SOMETIME BETWEEN JULY 3RD AND JULY 7TH, 1997, MARSH EXPERIENCED A RELEASE OF APPROXIMATELY 1,000 POUNDS OF ANHYDROUS AMMONIA. IN AN INFORMATION REQUEST RESPONSE MARSH CLAIMED THEY HAD KNOWLEDGE OF THE RELEASE OF A REPORTABLE QUANTITY OF AMMONIA AT 9:00 A.M., BUT DID NOT NOTIFY THE PROPER AUTHORITIES UNTIL AROUND 2:00 P.M., 5 HOURS AFTER DISCOVERY. THE PROPOSED PENALTIES WERE CALCULATED BASED ON A 5 HOUR DELAY IN NOTIFICATION. SETTLEMENT: DURING SETTLEMENT DISCUSSIONS MARSH PRESENTED A DIFFERENT ACCOUNT OF WHAT HAPPENED ON JULY 7TH. SOMETIME BETWEEN 9:00 A.M. AND 11:30 A.M. ON THE 7TH, AN EMPLOYEE NOTIFIED HIS SUPERVISOR THAT HE SMELLED AMMONIA. AT FIRST THEY THOUGHT THAT THE AMMONIA SMELL WAS FROM THE NEIGHBORING FARMS, SINCE THEY ALSO USE AMMONIA AS A FERTILIZER. HIS SUPERVISOR BEGAN MONITORING THE TEMPERATURE OF THE REFRIDERA TION ROOM. AT FIRST THERE WAS NO FLUCTUATION IN THE TEMPERA TURE, SO IT WAS BELIEVED THAT THE AMMONIA SMELL WAS NOT FROM THEIR FACILITY. HOWEVER, SHORTLY AFTERWARDS THE TEMPERATURE IN THE ROOM BEGAN TO FALL. THE SUPERVISOR IMMEDIATELY BEGAN SEARCHING FOR THE CAUSE OF A RELEASE. MARSH CLAIMED THE INVESTIGATION TOOK SOME TIME SINCE THIS FACILITY OCCUPIES APPROXIMATELY 120,000 SQUARE FEET. SHORTLY BEFORE 12:00 P.M A PRESSURE RELIEF VALVE WAS DISCOVERED TO BE MALFUNCTIONING ON THE ROOF OF THE BUILDING. AT ARO