5/25/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,000. RESPONDENT SHALL MAKE THE FIRST PAYMENT OF $503.13 BY JULY 1, 2010. THE LAST PAYMENT OF $503.13 IS DUE BY APRIL 1, 2011.
ORDER ALLEGES:
AT SOME TIME DURING THE CALENDAR YEAR 2008, FORMALDEHYDE WAS PRESENT AT THE FACILITY IN AN AMOUNT OF EQUAL TO OR GREATER THAN 500 POUNDS.
FORMALDEHYDE IS AN EXTREMELY HAZARDOUS SUBSTANCE AS DEFINED UDNER SECTION 329(3) OF EPCRA, 42 U.S.C. SECTION 11049(3), FOR WHICH RESPONDENT IS REQUIRED TO PREPARE OR HAVE AVAILABLE AN MSDS UNDER OSHA AT ITS FACILITY.
RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR FORMALDEHYDE TO THE SERC, THE LEPC, AND FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEAR 2008 BY MARCH 1 OF THE FOLLOWING YEAR.
RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 312 OF EPCRA.