9/11/18 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF$5,348 FOR THE CERCLA VIOLATION AND A PENALTY OF $10,695 FOR THE EPCRA VIOLATIONS. PENALTY IS DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON JUNE 6, 2016, A RELEASE OF TOLUENE ABOVE THE REPORTABLE QUANTITY (RQ) OCCURRED AT THE FACILITY. EPA ALLEGES RESPONDENT VIOLATED THE NOTIFICATOIN REQUIREMENTS OF CERCLA 103(a) AND THE APPLICABLE CERCLA REG, 40 CFR 302.6, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF TOLUENE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ.
RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA 304(c) BY FAILING TO TIMELY PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE LEPC WHEN THERE HAD BEEN A RELEASE OF TOLUENE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ.
RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA 304(a) AND THE APPLICABLE EPCRA REGS AT 40 CFR PART 355, SUBPART C, BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF TOLUENE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.