Respondent is a municipality in the Commonwealth of Virginia. According to information provided to EPA, a release of chlorine gas, (CAS # 7782-50-5), occurred at the Facility on October 19, 2017, at approximately 11:40 a.m. due to a rupture of tubing connected to a chlorine tank in the chlorine room. On December 12, 2018, EPA representatives conducted an inspection of the Facility following the Release to determine Respondent’s compliance with Section 103 of CERCLA and Sections 302,303,304,311 and 312 of EPCRA.
Count 1 – Failure to Immediately Notify the NRC of a Release
The chemical chlorine is a hazardous substance, as defined under Section 101(14) of CERCLA, 42 U.S.C. § 9601(14), and 40 C.F.R. § 302.3, with an RQ of 10 pounds, as listed in 40 C.F.R. § 302.4.
According to information provided by Respondent, Respondent first became aware that the Release was occurring at approximately 11:40 a.m. on October 19, 2017, when an alarm inside the Facility’s chlorine room sounded. Facility employees responding to the alarm noticed a strong chlorine odor outside the chlorine room.
According to information provided by Respondent, a Facility employee called 911 to report the Release at approximately 11:55 am on October 19, 2017.
According to information provided by Respondent, firefighters responding to the Facility’s 911 call arrived at the Facility at approximately 12:08 pm on October 19, 2017.
Sometime after their arrival, firefighters turned off the flow of chlorine to stop the Release. At approximately 2: 10 pm, firefighters determined that Facility employees could safely re-enter the chlorine room.
According to information provided by Respondent, at the conclusion of the Release, the weight of the chlorine tank from which the Release occurred was approximately 152 pounds lighter than the weight of the tank prior to the Release, which indicates that 152 pounds of chlorine were released during the Release. Respondent knew or should have known that the Release from the Facility was in a quantity equal to or exceeding its RQ. The Release from the Facility on October 19, 2017, constituted a release of a hazardous substance in a quantity equal to or exceeding the RQ for that hazardous substance, requiring immediate notification of the NRC pursuant to Section 103(a) of CERCLA, 42 U.S.C. § 9603(a).
Respondent notified the NRC of the Release at approximately 11:46 a.m. on October 20, 2017, approximately 24 hours after the release began.
Respondent violated Section 103(a) of CERCLA, 42 U.S.C. § 9603(a), and the relevant regulations at 40 C.F.R. Part 302 by failing to immediately notify the NRC as soon as it knew or should have known of the release of a hazardous substance from the Facility in a quantity equal to or greater than the RQ.
In failing to comply with Section 103(a) of CERCLA, 42 U.S.C. § 9603(a), and 40 C.F.R. Part 302, Respondent is subject to the assessment of penalties under Section 109(a) of CERCLA, 42 U.S.C. § 9609(a).
CIVIL PENALTY
In settlement of EPA’ s claims for civil penalties for the violation alleged in this Consent Agreement, Respondent consents to the assessment of a civil penalty in the amount of TWENTY-ONE THOUSAND FOUR HUNDRED AND SIXTY-SIX DOLLARS ($21,466) for the alleged violation of Section 103 of CERCLA, 42 U.S.C. § 9603.
CLICK HERE for the CAFO