9/11/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $11,505 FOR THE CERCLA VIOLATION AND A PENALTY OF $23,010 FOR THE EPCRA VIOLATIONS. ALL PENALTIES ARE DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON MARCH 30, 2011, RESPONDENT HAD A RELEASE OF AMMONIA ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY.
EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA 103(a) BY FAILING OT IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY.
EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATOIN REQUIREMENTS OF EPCRA 304(a) BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.
EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA 304(c) BY FAILING TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE SERC AND LEPC WHEN THERE HAD BEEN A RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.