The owner or operator of a Brewery, which uses anhydrous ammonia, as a refrigerant at the facility had a reportable release of ammonia on October 12, 2011 at or about 2:19 a.m. Approximately 664 pounds of anhydrous ammonia spilled, leaked, pumped, emitted, discharged, or escaped into tbe ambient air and/or air from the facility. Company had knowledge of the release on October 12, 2011 at approximately 2:19 a.m. Company knew or should have known immediately that the release was above the reportable quantity. Facts that were cited:
- The release required notice to tbe NRC under Section 103(a) ofCERCLA, 42 U.S.C. § 9603(a).
- The release was likely to affect the state of Ohio and Hamilton County, Ohio.
- The release required notice to the LEPC and the SERC under Section 304(a) of EPCRA.
- Brewery notified the NRC of the release on June 5, 2014.
- Company’s failure to immediately notify the NRC of the release is a violation of Section 103(a) of CERCLA.
- Company notified the Ohio SERC of the release on March 16, 2012 at 9:14 a.m.
- Company’s failure to immediately notify the SERC of the release is a violation of Section 304(a) of EPCRA.
- Company notified the LEPC of the release on March 27, 2012 through the written follow-up report.
- Company did not immediately notify the LEPC after it had knowledge of the release.
- Company’s failure to immediately notify the LEPC of the release is a violation of Section 304(a) of EPCRA.
- Company provided written follow-up emergency notice of the release to the Ohio SERC on March 27, 2012.
- Company did not provide the SERC written follow-up emergency notice of the release as soon as practicable after the release occurred.
- Company’s failure to provide written follow-up emergency notice to the SERC as soon as practicable after the release occurred is a violation of Section 304(c) of EPCRA.
- Company provided written follow-up emergency notice of the release to the Hamilton County LEPC on March 27, 2012.
- Company did not provide the LEPC written follow-up emergency notice of the release as soon as practicable after tbe release occurred.
- Company’s failure to provide written follow-up emergency notice of the release to the LEPC as soon as practicable after the release occurred is a violation of Section 304(c) of EPCRA.
The civil penalty to settle this action is $20,230 for the CERCLA violation.