5/25/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4,427. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
AT SOME TIME DURING THE CALENDAR YEAR 0F 2008, NITROGEN WAS PRESENT AT THE FACILITY IN AN AMOUNT EQUAL TO OR GREATER THAN 10,000 POUNDS.
NITROGEN IS A HAZARDOUS CHEMICAL AS DEFINED UNDER SECTION 329(5) OF EPCRA, 42 U.S.C SECTION 1104(9), 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 NITROGEN TO THE SERC, THE LEPC, AND THE 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.