8/26/05 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $3,961 -- $2,641 FOR THE EPCRA VIOLATION AND $1,320 FOR THE CERCLA VIOLATION. RESPONDENT ALSO AGREES TO COMPLETE A SEP.
VIOLATIONS:
ON JANUARY 21, 2005, RESPONDENT HAD A RELEASE OF BENZENE IN THE AMOUNT OF APPROX 12,700 POUNDS, A QUALITITY GREATER THAN THE REPORTABLE QUANTITY (RQ). RESPONDENT SHOULD HAVE NOTIFED THE NRC OF SAID RELEASE OF BENZENE IMMEDIATELY AFTER IT HAD KNOWLEDGE THAT AN RQ OF A HAZARDOUS SUBSTANCE WAS RELEASED. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA 103(a) BY NOTIFYING THE NRC WITHIN 70 MINUTES AFTER RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF BENZENE IN AN AMOUNT THAT COULD BECOME EQUAL TO OR GREATER THAN IT RQ.
RESPONDENT WAS ALSO REQUIRED TO REPORT THE RELEASE TO THE SERC AND THE LEPC. RESPONDENT REPORTED THE RELEASE TO THE SERC WITHIN 70 MINUTES OF THE START OF THE RELEASE. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA