EPA v. AES WARRIOR RUN

Case summary

On December 30, 2004, EPA issued a Notice of Determination ( NOD ) based on self-disclosures provided by AES Warrior Run, Inc. ( AES ) for violations of Section 313 of EPCRA at its facility located at 11600 Mexico Farms Road, S.E., Cumberland, Maryland 21502. In a letter dated June 25, 2004 to EPA, AES disclosed that it had failed to submit Toxic Release Inventory Forms ( Form Rs ) for 1,2,4-Trimethylbenzene and n-Hexane for the reporting years 2000 and 2001, and for Barium compounds, Chromium compounds, Copper compounds, Lead compounds, Manganese compounds, Nickel compounds, and Zinc compounds for the reporting years 2000, 2001, and 2002. In addition, AES violated the data quality requirements of Section 313 of EPCRA by virtue of its reporting errors for Hydrogen Fluoride for the reporting years 2000, 2001, and 2002. The total gravity-based civil penalty for these violations would be $182,050. Since AES satisfied all of the conditions of EPA's Self-Disclosure Policy and the amount of economic benefit gained was insignificant, EPA waived the gravity-based civil penalty for the disclosed violations.

Defendants (1)

• AES WARROPR RUNNamed in complaintNamed in settlement

Facilities (1)

• AES WARRIOR RUN

  11600 MEXICO FARMS ROAD, S.E., CUMBERLAND, MD, 21502

  Registry ID: 110000551055

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• AES WARRIOR RUNentered 2004-12-30

  Primary law: EPCRA

Timeline (3 milestones)

• 2004-05-27Enforcement Action Data Entered
• 2004-12-30Enforcement Action Closed
• 2004-12-30Final Order Issued