EPA v. CLEARON CORPORATION

Case summary

On April 13, 2017, EPA filed a Consent Agreement and Final Order, which initiated and settled EPA?s penalty claim for violations of the notification and reporting requirements in CERCLA Section 103 and EPCRA Section 304, regarding a release of approximately 20 pounds of chlorine on November 5, 2013, and a release of approximately 277 pounds of ammonia on February 20, 2015 from Clearon Corporation's ( Respondent's ) chemical manufacturing facility located at 95 MacCorkle Avenue, SW, South Charleston, West Virginia ( the Facility ). This direct enforcement action by EPA addresses the need for facilities which use and store quantities of hazardous chemicals in excess of threshold amounts to strictly adhere to notification requirements in the event of a chemical release in excess of a chemical-specific reportable quantity ( RQ ) so that local, state, and federal responders can evaluate the situation and respond as needed to protect human health and the environment. EPA had sent Respondent a Show Cause letter on November 10, 2016, regarding these violations and proposing a penalty of $45,572. The Consent Agreement asserts that Respondent failed to immediately notify the National Response Center ( NRC ) as soon as Respondent knew or should have known that the November 5, 2013 release of chlorine, an extremely hazardous substance, exceeded the 10 pound RQ for chlorine; and Respondent failed to immediately notify the NRC as soon as Respondent knew or should have known that the February 20, 2015 release of ammonia, an extremely hazardous substance, exceeded the 100 pound RQ for ammonia. Additionally, the Consent Agreement asserts that Respondent failed to provide written follow-up emergency notices, as soon as practicable, to update the State Emergency Response Commission ( SERC ) regarding the November 5, 2013 release of chlorine, and to update the SERC and the Local Emergency Planning Committee regarding the February 20, 2015 release of ammonia from the Facility. Respondent has agreed to pay a penalty of $22,620 to settle the matter.

Defendants (1)

• CLEARON CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• INNOVATIVE WATER CARE LLC (FORMERLY CLEARON CORPORATION)

  95 MACCORKLE AVENUE, SW, SOUTH CHARLESTON, WV, 25303

  Registry ID: 110020047545

• INNOVATIVE WATER CARE LLC (FORMERLY CLEARON CORPORATION)

  95 MACCORKLE AVENUE, SW, SOUTH CHARLESTON, WV, 25303

  Registry ID: 110020047545

Statutes cited

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

Enforcement conclusions (1)

• CLEARON CORPORATIONentered 2017-04-13

  Primary law: CERCLA

  Federal penalty: $22,620

Timeline (4 milestones)

• 2017-04-13Final Order Issued
• 2017-04-13Complaint Filed/Proposed Order
• 2017-04-19Enforcement Action Data Entered
• 2017-05-02Enforcement Action Closed