11/2/17 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $25,275 (CERCLA VIOLATION $12,638 AND EPCRA VIOLATION $12,637). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
VIOLATION OF SECTION 103(a) OF CERCLA
ON DECEMBER 28, 2015, A RELEASE OF ANHYDROUS AMMONIA ABOVE THE RQ OCCURRED AT THE FACILITY.
THE 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 AMMONIA ANHYDROUS IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY.
VIOLATIONS OF SECTION 304(a) OF EPCRA
ON DECEMBER 28, 2015, A RELEASE OF ANHYDROUS AMMONIA ABOVE THE RQ OCCURRED AT THE FACILITY. THE EPA ALLEGES THAT THE RELEASE RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSONS BEYOND THE SITE OR SITES ON WHICH THE FACILITY IS LOCATED.
THE EPA ALELGES 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 AMMONIA ANHYDROUS IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.