EPA v. FALL RIVER CITY OF

Case summary

On September 30, 2014, EPA Region 1 filed a Consent Agreement and Final Order (“CAFO”) resolving Clean Air Act (“CAA”) penalty claims against the City of Fall River, Massachusetts (“Fall River”). Fall River is a Massachusetts city that operates a water-treatment facility in Fall River that violated the Clean Air Act by failing to comply with the Risk Management Plan (“RMP”) requirements of 40 C.F.R. Part 68. At the time of the matters addressed in the CAFO, Fall River was storing up to 14,000 pounds of chlorine gas, an extremely hazardous substance, on the premises for waste treatment but failed to properly implement an RMP. EPA has previously issued a Notice of Violation and entered into an Administrative Order on Consent (“NOV/AOC”) for the violations. As a result of this enforcement action, Fall River has come into compliance with the RMP regulations. Pursuant to the settlement, Fall River will perform a Supplemental Environmental Project (“SEP”) worth approximately $449,000 and pay a civil penalty of $5,000 to resolve liability for the CAA violations. In order to complete the SEP, Fall River will eliminate the use of chlorine gas at its facility and substitute liquid sodium hypochlorite, a much less toxic substance, in its stead.

Defendants (1)

• FALL RIVER CITY OFNamed in complaintNamed in settlement

Facilities (1)

• FALL RIVER WATER TREATMENT PLANT

  1831 BEDFORD STREET, FALL RIVER, MA, 02723

  Registry ID: 110000546650

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• FALL RIVER CITY OFentered 2014-09-30

  Primary law: CAA

  Federal penalty: $5,000 · SEP: $428,244

Timeline (4 milestones)

• 2014-09-30Final Order Issued
• 2014-09-30Enforcement Action Data Entered
• 2014-09-30Complaint Filed/Proposed Order
• 2017-04-07Enforcement Action Closed