EPA v. Niagara County Water District

Case summary

On or about December 9, 2008, EPA conducted an inspection at the Facility to determine Respondent’s compliance with Section 112(r) of the Act and the applicable regulations set forth at 40 C.F.R. Part 68. During the inspection, EPA discovered violations of the requirements of 40 C.F.R. Part 68. On September 24, 2010 EPA issued an administrative order to compel compliance with all the requirements of 40 C.F.R Part 68 - CAA-02-2010-1016. The Respondent is required to develop a management system for a Program 3 process; conduct a off site consequence analysis; update their emergency response information; compile up to date process safety information; document that their chlorine system complies with good engineering practices; contact PHAs in accordance with Part 68.76; review SOPs annually; develop safe work practices; verify operator training is in keeping with Part 68.71; document operator training; ensure the facility's operator training program includes all of the covered equipment; develop and implement procedures for management of change and pre-startup review; conduct internal compliance audits every three years; develop and implement an employee participation plan; develop and implement a hot work permit program; and develop and implement a contractor safety procedure. The items listed above have been satisfactorily addressed by the Respondent and the current action is a combined administrative complaint and CAFO to assess a penalty to resolve the matter.

Defendants (1)

• Niagara County Water DistrictNamed in complaintNamed in settlement

Facilities (1)

• NIAGARA COUNTY WATER TREATMENT PLANT - WILLIAMS ROAD TREATMENT PLANT

  7227 WILLIAMS RD, WHEATFIELD, NY, 14304-3734

  Registry ID: 110019020076

Statutes cited

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

Enforcement conclusions (1)

• Niagara County Water Districtentered 2013-09-30

  Primary law: CAA

  Federal penalty: $19,362

Timeline (4 milestones)

• 2013-09-30Enforcement Action Data Entered
• 2013-09-30Enforcement Action Closed
• 2013-09-30Complaint Filed/Proposed Order
• 2013-09-30Final Order Issued