4/21/2011 - CONSENT AGREEMENT AND FINAL ORDER, ASSESSING A PENALTY OF $14,000. RESPONDENT SHALL MAKE TWELVE (12) CONSECUTIVE MONTHLY PAYMENTS. THE FIRST PAYMENT OF $1,173 IS DUE WITHIN THIRTY DAYS (5/21/2011). THE LAST PAYMENT IS DUE WITHIN 360 DAYS.
ORDER ALLEGES:
AT SOME TIME DURING THE CALENDAR YEARS OF 2009, AND 2007, SULFURIC ACID WAS PRESENT AT THE FACILITY IN AN AMUNT EQUAL TO OR GREATER THAN 500 POUNDS.
SULFURIC ACIDE IS AN EXTREMELY HAZARDOUS SUBSTANCE AS DEFINED UNDER SECTION 322(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 SULFURIC ACID TO THE SERC, THE LEPC, AND THE FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2009, AND 2007, BY MARCH 1 OF THE FOLLOWING YEAR.