EPA v. CULPEPER, TOWN OF (2 FACILITIES)

Case summary

ON MAY 9, 2012, THE REGIONAL JUDICIAL OFFICER FOR REGION III SIGNED A CONSENT AGREEMENT AND FINAL ORDER ( SUPER CAFO ), WHICH RESOLVED ALLEGED VIOLATIONS OF SECTION 103 OF CERCLA AND SECTION 304(A), (B) AND (C) OF EPCRA IN CONNECTION WITH THE TOWN OF CULPEPER'S WATER POLLUTION CONTROL FACILITY LOCATED AT 15108 SERVICE LANE IN CULPEPER, VIRGINIA ( WPCF ), AS WELL AS ALLEGED VIOLATIONS OF SECTION 112(r)(7) OF THE CLEAN AIR ACT, 42 U.S.C. SECTION 7412(r)(7), AND ITS IMPLEMENTING REGULATIONS AT 40 C.F.R. PART 68, IN CONNECTION WITH THE TOWN'S WATER TREATMENT PLANT LOCATED AT 8616 WOODVIEW ROAD IN CULPEPER, VIRGINIA ( WTP ). THE CERCLA/EPCRA VIOLATIONS WERE ASSERTED AS A RESULT OF THE TOWN'S FAILURE TO IMMEDIATELY REPORT AT MAY 8, 2008 RELEASE OF CHLORINE FROM THE WPCF TO THE NATIONAL RESPONSE CENTER, THE STATE EMERGENCY PLANNING COMMITTEE ( SERC ), AND FAILURE TO PROVIDE FOLLOW-UP REPORTS REGARDING THE RELEASE TO THE SERC AND THE LOCAL EMERGENCY PLANNING COMMITTEE. THE CLEAN AIR ACT/PART 68 VIOLATIONS WERE ALLEGED AS A RESULT OF THE TOWN'S FAILURE TO IMPLEMENT CERTAIN ELEMENTS OF A RISK MANAGEMENT PROGRAM FOR THE FACILITY. TO SETTLE THIS MATTER, THE TOWN WILL IMPLEMENT A SUPPLEMENTAL ENVIRONMENTAL PROJECT, WHICH INVOLVES CHANGING THE CHEMICAL USED TO TREAT WATER AT THE WTP FROM CHLORINE RELEASES. THE TOWN WILL ALSO PAY A PENALTY. THE FINAL ORDER WAS FILED ON MAY 15, 2012.

Defendants (1)

• CULPEPER, TOWN OFNamed in complaintNamed in settlement

Facilities (2)

• CULPEPER WASTEWATER TREATMENT PLANT

  15108 SERVICE LANE, CULPEPER, VA, 22701

  Registry ID: 110000574165

• CULPEPER WATER TREATMENT PLANT

  816 WOODVIEW RD, CULPEPER, VA, 227010000

  Registry ID: 110014434237

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 304 — Emergency Release Notification Section 313 Program
• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)
• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• CULPEPER, TOWN OF (2 FACILITIES)entered 2012-05-14

  Primary law: CAA

  Federal penalty: $27,420 · SEP: $164,247

Timeline (3 milestones)

• 2012-05-14Final Order Issued
• 2012-05-14Complaint Filed/Proposed Order
• 2012-05-30Enforcement Action Data Entered