6/11/2013 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $18,281 (EPCRA VIOLATIONS - $12,187 AND CERCLA VIOLATION - $6,094. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP.
ORDER ALLEGES:
VIOLATION OF CERCLA
ON JANUARY 13. 2012, RESPONDENT HAD A RELEASE OF CHLORINE ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a) OF CERCLA, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF CHLORINE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. IN VIOLATION OF SECTION 109 OF CERCLA.
VIOLATION OF SECTION 304(a) OF EPCRA
ON JANUARY 30, 2012, RESPONDENT HAD A RELEASE OF CHLORINE ABOVE THE RQ AT THE FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA, BY FAILING TO IMMEDIATELY NTOIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF CHLORINE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.
VIOLATION OF SECTION 304(c) OF EPCRA
ON JANUARY 30, 3012, RESPONDENT HAD A RELEASE OF CHLORINE ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(c) OF EPCRA, BY FAILING TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE SERC AND LEPC WHEN THERE HAD BEEN A RELEASE OF CHLORINE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.