20210525 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $18,960 (CERCLA - $6,320 AND EPCRA - $12,640). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ALLEGED VIOLATIONS:
On October 14, 2019, a release of anhydrous ammonia above the RQ under EPCRA and
CERCLA occurred at the Facility. The October 14, 2019 release of anhydrous ammonia resulted in the potential for exposure to
persons beyond the site or sites on which the Facility is located.
Respondent failed to immediately notify the SERC, LEPC, and NRC as soon as Respondent had
knowledge of the release of anhydrous ammonia in an amount equal to or greater than its RQs at
Respondent?s Facility.
Respondent did not provide written follow-up reports to the SERC and the LEPC as soon as
practicable after the October 14, 2019, release of anhydrous ammonia.
Respondent violated the notification requirements of Section 304(a) of EPCRA, 42 U.S.C. ?
11004(a), and the applicable regulation, 40 C.F.R. Part 355, Subpart C, by failing to immediately
notify the SERC and LEPC as soon as Respondent had knowledge of the October 14, 2019
release of anhydrous ammonia in an amount equal to or greater than its RQ at Respondent?s
Facility and is therefore subject to the assessment of penalties under Section 325 of EPCRA, 42
U.S.C. ? 11045.
Respondent violated the notification requirements of Section 304(c) of EPCRA, 42 U.S.C. ?
11004(c), and the applicable regulations, 40 C.F.R. Part 355, Sub