11/22/16- - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $23,010 (CERCLA VIOLATION - $11,505 AND EPCRA VIOLATION - $11,505). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
VIOLATION OF CERCLA SECTION 103(a)
ON APRIL 2, 2015, THERE WAS A RELEASE OF NITROGEN DIOXIDE ABOVE THE RQ INTO THE ENVIRONMENT FROM RESPONDENT'S 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 NITROGEN DIOXIDE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY.
VIOLATION OF EPCRA SECTION 304(a)
ON APRIL 2, 2015, THERE WAS A RELEASE OF NITROGEN DIOXIDE ABOVE THE RQ INTO THE ENVIRONMENT FROM RESPONDENT'S FACILITY. EPA ALLEGES THAT THE RELEASES RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSONS BEYOND 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 NITROGEN DIOXIDE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.