EPA v. HENRICO COUNTY (HENRICO PUBLIC UTILITIES WATER RECLAMATION FACILITY)

Case summary

On June 28, 2017, EPA filed a Consent Agreement and Final Order (CAFO) with Henrico County, Virginia, the owner and operator of a water treatment facility located at 9101 WRVA Road, in Henrico, Virginia, settling alleged violations of Section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9603(a). This settlement ensures that this water treatment facility complies with hazardous chemical release-reporting requirements so that first-responders are aware of and able to respond to releases that may threaten the community and the environment. The alleged violations concerned Henrico County?s failure to report to the National Response Center (NRC) two releases of sodium hypochlorite at the facility of 463 pounds and 962 pounds respectively, which originated from a leaking transfer pipe. The Reportable Quantity for sodium hypochlorite is 100 pounds. Henrico County never reported one release to the NRC and failed to report the other until six days after it had knowledge of the release. CERLCA 103 is a direct implementation program; however, the Region has notified Virginia of its intent to take this action and the Commonwealth has raised no objections.

Defendants (1)

• HENRICO COUNTYNamed in complaintNamed in settlement

Facilities (1)

• HENRICO PUBLIC UTILITIES WATER RECLAMATION FACILITY

  9101 WRVA RD, HENRICO, VA, 23231

  Registry ID: 110067644375

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• HENRICO COUNTY (HENRICO PUBLIC UTILITIES WATER RECLAMATION FACILITY)entered 2017-06-28

  Primary law: CERCLA

  Federal penalty: $22,281

Timeline (4 milestones)

• 2017-06-28Final Order Issued
• 2017-06-28Enforcement Action Data Entered
• 2017-06-28Complaint Filed/Proposed Order
• 2017-06-30Enforcement Action Closed