The respondent was an owner or operator of the ice manufacturing facility where anhydrous ammonia is used in the manufacturing of ice. Anhydrous ammonia, CAS #7664-41-7, has a reportable quantity of 100 pounds, as indicated in 40 C.F.R. Part 355, Appendix A. On July 27, 2023, at or about 4:34 a.m. CDT, a release of anhydrous ammonia from the Respondent’s Facility occurred. It was later determined that approximately 6,000 pounds of anhydrous ammonia was emitted into the air during the Release.
Respondent first learned of the Release on July 27, 2023, at approximately 4:34 a.m. CDT, when ammonia odors were detected. The Chicago Fire Department arrived at the Facility and began responding to the Release at this time.
The Release required notice under Section 103(a) of CERCLA, 42 U.S.C. § 9603(a), and Section 304(a) of EPCRA, 42 U.S.C. § 11004(a).
Respondent notified the NRC of the Release on July 27, 2023, at 9:00 a.m. CDT. Respondent did not immediately notify the NRC as soon as Respondent had knowledge of the Release. Respondent’s failure to immediately notify the NRC of the Release is a violation of Section 103(a) of CERCLA, 42 U.S.C. § 9603(a). Respondent had not provided notice of the Release to the Illinois SERC, as described in Section 304(b) of EPCRA, 42 U.S.C. § 11004(b), prior to submittal of the written follow-up emergency notice on September 13, 2023. Respondent did not immediately notify the SERC after Respondent had knowledge of the Release. Respondent’s failure to immediately notify the SERC of the Release is a violation of Section 304(a) of EPCRA, 42 U.S.C. § 11004(a).
Respondent had not provided notice of the Release to the LEPC, as described in Section 304(b) of EPCRA, 42 U.S.C. § 11004(b), prior to submittal of the written follow-up emergency notice on September 13, 2023. Respondent did not immediately notify the LEPC after Respondent had knowledge of the Release. Respondent’s failure to immediately notify the LEPC of the Release is a violation of Section 304(a) of EPCRA, 42 U.S.C. § 11004(a).
The complainant has determined that the combined appropriate civil penalty for settling this action is $163,475.
The complainant has determined that $32,695 of the $163,475 is an appropriate civil penalty to settle this action for the alleged CERCLA violations.
The complainant has determined that $130,780 of the $163,475 is an appropriate civil penalty to settle this action for the alleged EPCRA violations.
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