EPA v. THE POND, INC

Case summary

ON MARCH 18, 2009, EPA COMMENCED AND SETTLED AN ACTION UNDER SECTION 109 OF CERCLA AND SECTION 325 OF EPCRA BY A SUPER CONSENT AGREEMENT ACCOMPANYING FINAL ORDER (SUPERCAFO) WITH THE POND, INC., A DELAWARE CORPORATION WITH AN ICE SKATING FACILITY LOCATED AT 101 JOHN F. CAMPBELL DRIVE IN NEWARK, DELAWARE. THE POND VIOLATED OF SECTION 103(A) OF CERCLA, 42 U.S.C. SECTION 9603(A), AND SECTION 304)A) OF EPCRA, 42 U.S.C. SECTION 11004(A), BY FAILING TO IMMEDIATELY REPORT A RELEASE OF APPROXIMATELY 300 POUNDS OF ANHYDROUS AMMONIA FROM ONE OF ITS COMPRESSOR TO THE NATIONAL RESPONSE CENTER AND THE LOCAL EMERGENCY PLANNING COMMITEE ( LEPC ). THE RELEASE OCCURRED DURING MAINTENANCE OF THE FACILITY'S COMPRESSOR. THE POND ALSO VIOLATED SECTION 312 OF EPCRA'S EMERGENCY PREPARDNESS AND COMMUNITY RIGHT-TO-KNOW PROVISIONS BY FAILING TO SUBMIT COMPLETE AND ACCURATE EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORMS CONTAINING TIER I OR TIER II INFORMAITON FOR CALENDAR YEARS 2004, 2005 AND 2006 TO THE STATE EMERGENCY RESPONSE COMMISSION, THE LEPC, AND THE LOCAL FIRE DEPARTMENT. ISSUES ADDRESED IN THE SUPERCAFO HAVE BEEN RESOLVED.

Defendants (1)

• THE POND, INCNamed in complaintNamed in settlement

Facilities (1)

• THE POND ICE ARENA

  101 JOHN F CAMPBELL DR, NEWARK, DE, 19711

  Registry ID: 110021359830

Statutes cited

• EPCRA 304 — Emergency Release Notification Section 313 Program
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• THE POND, INCentered 2009-03-18

  Primary law: CERCLA

  Federal penalty: $22,980

Timeline (3 milestones)

• 2009-03-18Complaint Filed/Proposed Order
• 2009-03-18Final Order Issued
• 2009-03-23Enforcement Action Data Entered