At all times relevant to this Complaint, Respondent owned and operated buildings, structures, installations, equipment, pipes or pipelines, and storage containers, located on a single site or on contiguous or adjacent locations, where it deposited, stored, disposed of, or placed, Ammonia CAS# 7664-41-7. Ammonia CAS# 7664-41-7 was a “hazardous substance” as that term was defined under Section 101(14) of CERCLA and had a reportable quantity of 100 pounds.
Between June 21 and July 19, 2013, Respondent spilled, leaked, emitted, discharged, or allowed to escape or leach, into the ambient air, approximately 34,000 pounds of
Ammonia CAS# 7664-41-7.
Between June 21 and July 19, 2013, Respondent spilled, leaked, emitted, discharged, or allowed to escape or leach into the ambient air, 1,001 pounds of Ammonia CAS# 7664-41-7 during at least one 24-hour. Therefore, Respondent “released” Ammonia CAS# 7664-41-7 (Release 1) as that term was defined under Section 101(22) of CERCLA, 42 U.S.C. § 9601(22). Respondent’s Release 1 migrated beyond the facility’s boundaries. Respondent had knowledge of Release 1 as it occurred.
Respondent notified the Minnesota SERC of Release at 2:13 p.m. (Central Time), on July 19, 2013.
Respondent notified the NRC of Release 1 at 2:24 p.m. (Central Time), on July 19, 2013.
Respondent failed to provide the Minnesota SERC with written follow-up emergency notice of Release las of September 14, 2016.
At or about 6:00 p.m. (Central), September 20, 2014, Respondent spilled, leaked, emitted, discharged, or allowed to escape or leach, into the ambient air, approximately 1,640 pounds of Ammonia CAS# 7664-41-7. Therefore, Respondent “released” Ammonia CAS# 7664-41-7 (Release 2) as that term was defined under Section 101(22) of CERCLA, 42 U.S.C. § 9601(22). Respondent’s Release 2 migrated beyond the facility’s boundaries.
At or about 6:00 p.m. (Central), September 20, 2014, Respondent had knowledge of Release 2.
At 7:30 p.m. (Central Time) on September 20, 2014, Respondent notified the Minnesota SERC of Release 2.
At 1:22 a.m. (Central Time) on September 21, 2014, Respondent notified the NRC of Release 2.
As of February 19, 2015, Respondent had failed to provide the SERC of written follow-up emergency notice of Release 2.
Count 1
As soon as Respondent had knowledge of Release 1, Respondent failed to immediately notify the NRC, in violation of Section 103(a) of CERCLA, 42 U.S.C. § 9603(a). Each day Respondent failed to immediately notify the NRC constituted a separate violation of Section 103(a) of CERCLA, 42 U.S.C. § 9603(a).
Count 2
As soon as Respondent had knowledge of Release 1, Respondent failed to immediately provide notice to the SERC, in violation of Section 304(a) of EPCRA 42 U.S.C. § 11004(a). Each day Respondent failed to immediately provide notice to the SERC in violation of Section 304(a) of EPCRA, 42 U.S.C. § 11004(a), is a separate breach of Section 304(a) ofEPCRA, 42 U.S.C. § 11004(a).
Count 3
As soon as practicable after Release 1, Respondent failed to provide the SERC a written follow-up emergency notice in violation of Section 304(c) of EPCRA, 42 U.S.C.
§ 11004(c). Each day Respondent failed to provide the SERC a written follow-up emergency notice in violation of Section 304(c) ofEPCRA, 42 U.S.C. § 11004(c), constituted a separate violation of Section 304(c) ofEPCRA, 42 U.S.C. § l 1004(c).
Count 4
As soon as Respondent had knowledge of Release 2, Respondent failed to immediately notify the NRC in violation of Section 103(a) of CERCLA, 42 U.S.C. § 9603(a). Each day Respondent failed to immediately notify the NRC constituted a separate violation of Section 103(a) of CERCLA, 42 U.S.C. § 9603(a).
Count 5
As soon as Respondent had knowledge of Release 2, Respondent failed to immediately provide notice to the SERC in violation of Section 304(a) of EPCAA, 42 U.S.C. § 11004(a). Each day Respondent failed to immediately provide notice to the SERC in violation of Section 304(a) of EPCRA, 42 U.S.C. § 11004(a), is a separate breach of Section 304(a) of EPCA, 42 U.S.C. § J 1004(a).
Count 6
As soon as practicable after Release 2, Respondent failed to provide the SERC a written follow-up emergency notice in violation of Section 304(c) of EPCA, 42 U.S.C.
§ 11004(c). Each day Respondent failed to provide the SERC a written follow-up emergency notice in violation of Section 304(c) of EPCA, 42 U.S.C. § 11004(c), is a separate breach of Section 304(c) of EPCA, 42 U.S.C. § 11004(c).
Proposed CERCLA Penalty
Based upon an evaluation of the facts alleged in this Complaint and the factors in Section 109(a)(3) of CERCLA, Complainant proposes that the U.S. EPA assess a civil penalty against Respondent of $69,530 for the CERCLA violations alleged in Counts 1 and 4 of this Complaint. Complainant allocated this proposed penalty to the CERCLA counts of this Complaint as follows:
Count 1 CERCLA 103(a): $37,500
Count 4 CERCLA 103(a): $32,030
Proposed EPCRA Penalty
Based upon an evaluation of the facts alleged in this Complaint, and after considering the nature, circumstances, extent, and gravity of the violations, the violator’s ability to pay, prior history of violations, the degree of culpability, economic benefit or savings resulting from the violations and any other matters that justice may require, Complainant, proposes that U.S. EPA assess a civil penalty against Respondent of$594,660 for the EPCRA violations alleged in this Complaint. Complainant allocated this proposed penalty to the various EPCRA counts of this Complaint as follows:
Count 2 EPCRA Section 304(a) (SERC): $37,500
Count 3 EPCRA Section 304(c) (SERC): $457,875
Count 5 EPCRA Section 304(a) (SERC): $22,135
Count 6 EPCRA Section 304(c) (SERC): $77,150
Total CERCLA and EPCRA Penalty: $664,190