EPA v. LCC WEST VIRGINIA COALTON FACILITY

Case summary

On March 29, 2006, EPA Region III issued an administrative complaint to LCC West Virginia, LLC seeking a toatl penalty of %60,450.00 for violations of Setion 103 of CERCLA and Section 304(b) and 304(c) of EPCRA in connection with an ammonia release at LCC's facilty located on Coalton-Pumpkintown Road, in Coalton, West Viriginia. LCC failed to notify the National Response enter, State Emergency Response Commission and Local Emergency Planning Committee immediately following the release of at least 114 pounds of ammonia from the facility on October 4, 2004. LCC also failed to provide follow-up reports as soon as practicable following the October 4, 2004 release.

Defendants (1)

• LCC WEST VIRGINIA, LLCNamed in complaintNamed in settlement

Facilities (1)

• LLC WEST VIRGINIA, LLC

  COALTON-PUMKINTOWN ROAD, COALTON, WV, 26257

  Registry ID: 110028134677

Statutes cited

• EPCRA 304 — Emergency Release Notification Section 313 Program
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• LCC WEST VIRGINIA COALTON FACILITYentered 2006-07-28

  Primary law: CERCLA

  Federal penalty: $38,000

Timeline (3 milestones)

• 2006-03-29Complaint Filed/Proposed Order
• 2006-04-19Enforcement Action Data Entered
• 2006-07-28Final Order Issued