3/5/13 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4,425 FOR THE CERCLA VIOLATION AND $4,425 FOR THE EPCRA VIOLATION. PENALTIES SHALL BE PAID WITHIN 30 DAYS.
ALLEGATIONS:
ON FEB 14, 2012, RESPONDENT HAD A RELEASE OF PHOSPHORIC ACID ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY.
EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA 103(a) AND THE APPLICABLE REGS, 40 CFR 302.6, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF PHOSPHORIC ACID IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY.
EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATIONS REQUIREMENTS OF EPCRA 304(a) AND THE APPLICABLE REGS, 40 CFR 355, SUBPART C, BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF PHOSPHORIC ACID IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.