8/2/07 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $3,929 FOR THE CERCLA VIOLATION, DUE WITHIN 30 DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. RESOPNDENT SHALL PAY A PENALTY OF $7,179 FOR THE EPCRA VIOLATIONS, DUE WITHIN 30 DAYS.
VIOLATIONS: ON FEB 7, 2006, RESPONDENT HAD A RELEASE OF ANHYDROUS AMMONIA ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a) OF CERCLA, BY FAILING TO IMMEDIATLEY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF ANHYDROUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS REPORTABLE QUANTITY (RQ) AT RESPONDENT'S FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA 304(a) BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF ANHYDOURS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFY REQUIREMENTS OF SECTION 304(c) OF EPCRA BY FAILING TO PROVIDE A FOLLOW-UP WRITTEN NOTICE TO THE SERC AND LEPC.