EPA v. RAPIDAN SERVICE AUTHORITY (WILDERNESS WASTEWATER TREATMENT PLANT)

Case summary

On August 13, 2019, EPA filed a Consent Agreement and Final Order (CAFO), (Docket No. CERC-EPCRA-03-2019-0026), 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 100 - 273 pounds of chlorine gas on December 21, 2015 (the Release) from Rapidan Service Authority's (Respondent's) Wilderness Wastewater Treatment Plant located at 36075 Wilderness Way in Locust Grove, Virginia (the Facility). This direct enforcement action by EPA addresses the need for facilities that use and store quantities of hazardous chemicals in excess of threshold amounts to strictly adhere to notification requirements in the event of a 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 sent Respondent a Show Cause letter on June 14, 2018. The parties settled EPA's claims for $21,500, based on documentation of Respondent?s financial standing. The Consent Agreement asserts that Respondent failed to immediately notify the National Response Center, the State Emergency Response Commission (SERC), and the Local Emergency Planning Committee (LEPC) of the Release; and that Respondent failed to submit written follow-up notice to the SERC and the LEPC.

Defendants (1)

• RAPIDAN SERVICE AUTHORITY (WILDERNESS WASTEWATER TNamed in complaintNamed in settlement

Facilities (1)

• WILDERNESS WASTEWATER TREATMENT PLANT

  36075 WILDERNESS SHORES WAY, LOCUST GROVE, VA, 22508

  Registry ID: 110015309780

Statutes cited

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

Enforcement conclusions (1)

• RAPIDAN SERVICE AUTHORITY (WILDERNESS WASTEWATER TREATMENT PLANT)entered 2019-08-13

  Primary law: EPCRA

  Federal penalty: $21,500

Timeline (4 milestones)

• 2019-08-13Final Order Issued
• 2019-08-13Complaint Filed/Proposed Order
• 2019-09-05Enforcement Action Closed
• 2019-09-11Enforcement Action Data Entered