1/3/13 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $34,505 ($11,505 CERCLA VIOLATIONS AND $23,010 EPCRA VIOLATION). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
ON MAY 26, 2011, RESPONDENT HAD A RELEASE OF AMMONIA BOVE THE RQ AT THE FACILITY.
EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIRMENTS OF SECTION 103(a) OF CERCLA, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT KNOWLEDGE OF THE RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATEHR THAN ITS RQ AT RESPONDENT'S FACILITY. IN VIOLATION OF CERCLA SECTION 103(a).
RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA, BY FAILING TO NOTIFY THE SEC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIA IN A AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.
RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(c) OF EPCRA, BY FAILING TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) WHEN THERE HAD BEEN A RELEASE OF AMMONIA EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.