8/20/20 CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $20,415 (CERCLA $10,207.50 AND EPCRA $10,207.50). RESPONDENT SHALL MAKE PAYMENT WITHIN 30 DAYS.
ALLEGED VIOLATIONS:
Respondent violated the notification requirements of Section 304(a) of EPCRA, 42 U.S.C.? 11004(a), and the applicable regulation, 40 C.F.R. Part 355, Subpart C, by failing to immediately notify the SERC and LEPC as soon as Respondent had knowledge of the August 7,
2019 release of anhydrous ammonia in an amount equal to or greater than its RQ at Respondent?s Facility and is therefore subject to the assessment of penalties under Section 325 of EPCRA, 42 U.S.C. ? 11045.
Respondent violated the notification requirements of Section 103(a) of CERCLA, 42 U.S.C. ? 9603(a), and the applicable regulation, 40 C.F.R. Section 302.6, by failing to immediately notify the NRC as soon as Respondent had knowledge of the August 7, 2019 release of anhydrous
ammonia in an amount equal to or greater than its RQ at Respondent?s Facility and is therefore subject to the assessment of penalties under Section 109 of the CERCLA, 42 U.S.C. Section 9609.