9/22/05 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $22,000, DUE WITHIN 30 DAYS. ON NOVEMBER 6, 2001, RESPONDENT DISCHARGED 4,200 GALLONS OF OIL INTO OR UPON THE ALAPHAH RIVER AND/OR ITS ADJOINING SHORELINES.
ON NOVEMBER 6, 2001, RESPONDENT DISCHARGED 11,000 GALLONS OF 55% PHOSPHORIC ACID, WHICH IS DESIGNATED AS A HAZARDOUS SUBSTANCE IN 40 CFR PART 116, FRO ITS FACILITIES INTO OR UPON THE ALAPHAH RIVER AND/OR ITS ADJOINING SHORELINES. RESPONDENT'S NOVEMBER 6, 2001, DISCHARGE OF 11,000 GALLONS OF 55% PHOSPHORIC ACID FROM ITS FACIITIES WAS IN AEXCESS OF THE REPORTABLE QUANTITY OF SUCH SUBSTANCE ESTABLISHED IN 40 CFR PART 117, AND, THEREFORE, WAS IN A AQUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR PART 117, IN VIOLATION OF SECTION 311(b)(3) OF THE CWA