5/31/2018 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $18,038 (CERCLA PENALTY - $9,019 AND EPCRA PENALTY - $9,019). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP.
ORDER ALLEGES:
VIOLATION OF CERCLA SECTION 103(a)
ON MARCH 31, 2016, A RELEASE OF HYDROGEN SULFIDE ABOVE THE RQ OCCURRED AT THE FACILITY. THE EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a) OF CERCLA, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF HYDROGEN SULFIDE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY.
VIOLATION OF SECTION 304(a) OF EPCRA
ON MARCH 31, 2016, A RELEASE OF HYDROGEN SULFIDE ABOVE THE RQ OCCURRED AT THE FACILITY. THE EPA ALLEGES THAT THE RELEASE RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSONS BEYOND THE SITE OR SITES ON WHICH THE FACILITY IS LOCATED.
THE EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA, BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF HYDROGEN SULFIDE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.