9/29/15 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOAL PENALTY OF $73.125 (CERCLA VIOLATION - $24,375, EPCRA VIOLATION - $48,750), DUE WITHIN 30 DAYS.
ALLEGATIONS:
VIOLATION OF SECTION 103(a) OF CERCLA
ON NOVEMBER 27, 2013, A RELEASE OF AMMONIA ABOVE THE REPORTABLE QUANITITY (RQ) OCCURRED AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA 103(a) BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY.
VIOLATION OF SECTION 304(a) OF EPCRA
EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA, BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OFTHE RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.
VIOLATION OF SECTION 304(c) OF EPCRA
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 THE LEPC WHEN THERE HAD BEEN A RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.