11/22/16 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL OF PENALTY OF $70,455 (CERCLA VIOLATION - $35,228 AND EPCRA VIOLATION - $35,227). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
VIOLATION OF SECTION 103(a) OF CERCLA
ON SEPTEMBER 14, 2014, OCTOBER 30, 2014, AND JANUARY 21, 2015, RELEASES OF METHYL MERCAPTAN ABOVE THE RQ OCCURRED 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 METHYL MERCAPTAN IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY.
VIOLATION OF SECTION 304(a) EPCRA
ON SEPTEMBER 14, 2014, OCTOBER 30-31, 2014, AND JANUARY 21, 2015, RELEASES OF METHYL MERCAPTAN ABOVE THE RQ OF THE RQ OCCURRED AT THE FACILITY. EPA ALLEGES THAT THE RELEASES RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSON BEYOUND THE SITE OR SITES ON WHICH THE FACILITY IS LOCATED.
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 OF THE RELEASE OF METHYL MERCAPTAN IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.