Respondent is the owner of the meat processing facility which utilizes anhydrous ammonia, a hazardous substance, at the Facility. From December 28-30, 2017, Respondent inadvertently released approximately 1,700 pounds of ammonia due to a faulty isolation valve in the Facility’s refrigeration system (“the Release”). On December 13, 2018, EPA conducted an inspection of the Facility to determine Respondent’s compliance with Section 103 of CERCLA and Sections 302-312 of EPCRA in response to the December 28-30, 2017 release of anhydrous ammonia from the Facility. During the inspection, EPA gathered information relevant to Respondent’s compliance with Section 103 of CERCLA and Sections 302-312 of EPCRA. During and after the inspection, Respondent submitted information to EPA regarding its compliance with CERCLA and EPCRA.
Respondent should have had knowledge of a release of ammonia from the Facility in quantities exceeding the RQ on or before 8:30 a.m. on December 29, 2017, when an employee observed a frosted-over condenser drain line. Respondent reported the release of ammonia to the NRC at 8:43 pm on December 29, 2017, approximately 12 hours and 13 minutes after having knowledge of the Release.
Count 1 – Failure to Immediately Notify the National Response Center of a Release
The Release from the Facility constitutes 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.
The Release was not a “federally permitted release” as that term is defined in Section 101(10) of CERCLA, and used in Section 103(a) of CERCLA, and 40 C.F.R. § 302.6.
Respondent should have had knowledge of a release of ammonia from the Facility in quantities exceeding the RQ on or before 8:30 a.m. on December 29, 2017, when an employee observed a frosted-over condenser drain line.
Respondent reported the release of ammonia to the NRC at 8:43 pm on December 29, 2017, approximately 12 hours and 13 minutes after having knowledge of the Release.
Respondent failed to immediately notify the NRC of the release as soon as Respondent knew or should have known that a release of a hazardous substance had occurred at the facility in an amount equal to or exceeding the applicable RQ, as required by Section 103 of CERCLA and 40 C.F.R. § 302.6.
In failing to comply with Section 103(a) of CERCLA and 40 C.F.R. Part 302, Respondent is subject to the assessment of penalties under Section 109(a) of CERCLA.
Count II – Failure to Immediately Notify the State Emergency Response Commission of a Release
The Release from the Facility constituted a release of an EHS in a quantity equal to or exceeding the RQ for that EHS, requiring immediate notification of the SERC pursuant to Section 304(a)(1) and (b) of EPCRA. Respondent did not report the Release to VDEM.
Respondent failed to immediately notify VDEM, the SERC for initial notification, as soon as Respondent knew or should have known that a release of an EHS had occurred at the facility in an amount equal to or exceeding the applicable RQ.
In failing to comply with Section 304(a)(1) and (b) of EPCRA, and 40 C.F.R. Part 355, Subpart C, Respondent is subject to the assessment of penalties under Section 325(b) of EPCRA.
Count III – Failure to Send a Follow-Up Written Notice to the State Emergency Response Commission
The Release constituted a release of an EHS in a quantity equal to or exceeding its RQ from a facility at which hazardous chemicals are produced, used, or stored, which required immediate notification pursuant to Section 103(a) o fCERCLA. Consequently, Respondent was required to provide a written follow-up emergency notice to the LEPC and the SERC as soon as practicable after the release, pursuant to Section 304(c) of EPCRA and 40 C.F.R. Part 355, Subpart C.
Respondent failed to provide a written follow-up emergency notice to VDEQ, the SERC for written follow-up emergency notice, as soon as practicable after the Release, as required pursuant to Section 304(c) of EPCRA and 40 C.F.R. Part 355, Subpart C.
In failing to comply with Section 304(c) of EPCRA and 40 C.F.R. Part 355, Subpart C, Respondent is subject to the assessment of penalties under Section 325(b) of EPCRA.
Count IV – Failure to Send a Follow-Up Written Notice to the Local Emergency Planning Committee
Respondent failed to provide a written follow-up emergency notice to the LEPC as soon as practicable after the Release, as required pursuant to Section 304(c) of EPCRA and 40 C.F.R. Part 355, Subpart C.
In failing to comply with Section 304(c) of EPCRA and 40 C.F.R. Part 355, Subpart C, Respondent is subject to the assessment of penalties under Section 325(b) of EPCRA.
CIVIL PENALTY
In settlement of EPA’s claims for civil penalties for the violations alleged in this Consent Agreement, Respondent consents to the assessment of a civil penalty in the amount of SIXTY-EIGHT THOUSAND DOLLARS ($68,000), the total of which includes SEVENTEEN THOUSAND DOLLARS ($17,000) for alleged violations of Section 103 ofCERCLA, 42 U.S.C. § 9603 (“CERCLA civil penalty”), and FIFTY-ONE THOUSAND DOLLARS ($51,000) for alleged violations of Section 304(a)(l)-(b), and Section 304(c) (“EPCRA civil penalty”), which Respondent shall be liable to pay in accordance with the terms set forth below.
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