7/16/18 - HAZARDOUS SUBSTANCE SPILL EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $500.
ALLEGATIONS:
ON AUG 16, 2017, RESPONDENT DISCHARGED FROM ITS FACILITY APPROX 17,000 POUNDS OF SODIUM HYDROXIDE, A HAZARDOUS SUBSTANCE AS DEFINED IN CWA 311(a)(14), AND 40 CFR 116.4, IN AN AMOUNT THAT EXCEEDED THE REPORTABLE QUANTITY, AS DEFINED IN 311(b)(2)(A) OF THE CWA AND 40 CFR 117.3, INTO OR UPON LIMESTONE CREEK AND/OR ADJOINING SHORELINES. EPA OBTAINED THIS INFO FROM THE EPA ON-SCENE COORDINATOR'S OBSERVATIONS DOCUMENTED IN THE POLLUTION REPORT DATED SEPT 20, 2017.
THE DISCHARGE WAS IN AN AMOUNT EXCEEDING THE REPORTABLE QUANTITY OF 1,000 POUNDS ALLOWED TO BE DISCHARGED, AND THEREFORE WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR 117.3, WHICH IMPLEMENTS CWA 311(b)(3).