EPA v. NORWICH CITY OF / DR CHARLES SOLOMON WATER PURIFICATION PLANT

Case summary

On March 31, 2015, Region 1 issued a consent agreement and final order (CAFO) resolving violations of Section 112(r) of the Clean Air Act against the City of Norwich, Connecticut, Department of Public Utilities (Norwich). Norwich operates a water purification facility in Lebanon, Connecticut that violated the CAA 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, Norwich was storing up to 16,000 pounds of chlorine gas, an extremely hazardous substance, on the premises for water treatment but failed to properly implement an RMP. Pursuant to the settlement, Norwich will perform a Supplemental Environmental Project (SEP) costing approximately $150,000, and pay a civil penalty of $8,330 to resolve liability for the violations. The SEP consists of the elimination of the use of chlorine gas at its water purification facility and the substitution of liquid sodium hypochlorite, a much less toxic substance. Due to Norwich?s willingness to perform a SEP that will make the facility inherently safer and that costs much more than the penalty amount proposed under EPA?s Final Combined Enforcement Policy for Clean Air Act (CAA) Sections 112(r)(1), 112(r)(7) and 40 C.F.R. Part 68, Region 1 sought and received a waiver from EPA-Headquarters allowing Norwich to pay a penalty that is less than 25% of the gravity amount, as required by EPA?s SEP Policy.

Defendants (2)

• Norwich City ofNamed in complaintNamed in settlement
• CT Department of Public WorksNamed in complaintNamed in settlement

Facilities (1)

• SOLOMON WATER PURIFICATION PLANT

  54 RESERVOIR ROAD, LEBANON, CT, 06249

  Registry ID: 110000718475

Statutes cited

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

Enforcement conclusions (1)

• NORWICH CITY OF / DR CHARLES SOLOMON WATER PURIFICATION PLANTentered 2015-03-31

  Primary law: CAA

  Federal penalty: $8,330 · SEP: $144,697

Timeline (3 milestones)

• 2015-03-31Final Order Issued
• 2015-03-31Complaint Filed/Proposed Order
• 2015-04-07Enforcement Action Data Entered