EPA v. MOON NURSERIES, INC

Case summary

THE REGIONAL JUDICIAL OFFICER ENTERED A FINAL ORDER RATIFYING A CONSENT AGREEMENT BETWEEN EPA AND MOON NURSERIES, INC. THE CAFO BOTH COMMENCED AND CONCLUDED EPA'S CLAIM AGAINS MOON NURSERIES, INC. FOR VIOLATIONS OF SECTION 103 OF CERCLA AND SECTION 304 (a-c) OF EPCRA ARISING OUT OF AN AUGUST 15, 2009 RELEASE OF APPROXIMATELY 900 POUNDS OF CHLORINE SPECIFICALLY, RESPONDENT FAILED: 1) TO IMMEDIATELY NOTIFY THE NRC OF THE RELEASE AS SOON AS RESPONDENT KNEW OR SHOULD HAVE KNOWN THAT A RELEASE OF A HAZARDOUS SUBSTANCE HAD OCCURRED AT THE FACILITY IN AN AMOUNT EQUAL TO OR EXCEEDING ITS APPLICABLE RQ, AS REQUIRED BY SECTION 103 OF CERCLA; 2) FAILED TO IMMEDIATELY NOTIFY THE SERC OF THE RELEASE OF CHLORINE AS SOON AS RESPONDENT KNEW OR SHOULD HAVE KNOWN THAT A RELEASE OF AN EHS HAD OCCURRED AT THE FACILITY IN AN AMOUNT EQUAL TO OR EXCEEDING ITS RQ, AS REQUIRED BY SECTION 304(a) AND (b) OF EPCRA; AND 3) FAILED TO PROVIDE A WRITTTEN FOLLOW UP EMERGENCY NOTICE REGARDING THE RELEASE TO SERC AS SOON AS PRACTICABLE AFTER RESPONDENT KNEW OR SHOULD HAVE KNOWN OF THE RELEASE, AS REQUIRED BY SECTION 304(c) OF EPCRA.

Defendants (1)

• MOON NURSERIES, INC (SB)Named in complaintNamed in settlement

Facilities (1)

• MOON NURSERIES INC.

  145 MOON ROAD, CHESAPEAKE, MD, 21915

  Registry ID: 110030479970

Statutes cited

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

Enforcement conclusions (1)

• MOON NURSERIES, INCentered 2013-02-14

  Primary law: CERCLA

  Federal penalty: $42,000

Timeline (3 milestones)

• 2013-02-14Final Order Issued
• 2013-02-14Complaint Filed/Proposed Order
• 2013-02-21Enforcement Action Data Entered