9/27/2021 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $95,000. PENALTY TO BE PAID WITHIN 30 DAYS.
ALLEGED VIOLATIONS:
THE EPA ALLEGES THAT RESPONDENTS FAILED TO PROVIDE DOCUMENTATION TO THE EPA DEMONSTRATING THEY HAD OBTAINED FINANCIAL ASSURANCE USING A MECHANISM DESCRIBED IN 40 C.F.R. ? ? 264.140 THROUGH 264.151, IN AT LEAST THE AMOUNT OF THE COST ESTIMATE APPROVED BY THE EPA, IN ACCORDANCE WITH CONDITIONS 5 AND 6 OF THE APPROVAL, AS MODIFIED, BY NO LATER THAN SIXTY (60) CALENDAR DAYS AFTER THE EPA APPROVED THE COST ESTIMATE, IN VIOLATION OF SECTION 15 OFTSCA, 15 U.S.C. ? 2614. THE EPA ALLEGES THAT RESPONDENTS FAILED TO RECORD DEED RESTRICTIONS ON TRACTS IC AND 2 WITHIN SIXTY (60) DAYS AFTER COMPLETION OF THE REDEVELOPMENT, AS REQUIRED BY CONDITION 7 OF THE APPROVAL, AS MODIFIED, AND 40 C.F.R. ? 761.61(A)(8), IN VIOLATION OF SECTION 15 OFTSCA, 15 U.S.C. ? 2614. IN ADDITION, THE EPA ALLEGES THAT RESPONDENTS FAILED TO NOTIFY THE EPA AT LEAST THIRTY (30) DAYS BEFORE OWNERSHIP OR OPERATIONAL CONTROL OF THE FOUNDRY PROPERTY (TRACT 2) OF THE FACILITY WAS TRANSFERRED TO NEW OWNERS, IN VIOLATION OF CONDITION 8 OF THE APPROVAL, AS AMENDED, AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614.