EPA v. VIRGINIA DEPARTMENT OF CORRECTIONS (JAMES RIVER WORK CENTER)

Case summary

On October 23, 2019, EPA filed a Consent Agreement and Final Order ( CAFO ), (Docket No. CERC-03-2020-0017), which initiated and settled EPA's penalty claim for violations of the notification and reporting requirements in CERCLA Section 103 regarding a release of approximately 42,734 pounds of sodium hydroxide on or about January 1, 2017 ( the Release ) from the Virginia Department of Corrections ( Respondent's ) facility located at 1954 State Farm Road, State Farm, Virginia 23160. 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 August 27, 2019, together with a draft Consent Agreement addressing this violation and proposing a penalty of $24,702, which Respondent signed and paid on September 30, 2019. The CAFO asserts that Respondent failed to immediately notify the National Response Center as soon as Respondent knew or should have known that the Release of sodium hydroxide, a hazardous substance, exceeded the 1000-pound RQ for sodium hydroxide by over 42 times.

Defendants (1)

• VIRGINIA DEPARTMENT OF CORRECTIONSNamed in complaintNamed in settlement

Facilities (2)

• JAMES RIVER WORK CENTER

  1954 STATE FARM ROAD, STATE FARM, VA, 23160

  Registry ID: 110038364285

• JAMES RIVER WORK CENTER

  1954 STATE FARM ROAD, STATE FARM, VA, 23160

  Registry ID: 110038364285

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• VIRGINIA DEPARTMENT OF CORRECTIONS (JAMES RIVER WORK CENTER)entered 2019-10-23

  Primary law: CERCLA

  Federal penalty: $24,702

Timeline (4 milestones)

• 2019-10-23Complaint Filed/Proposed Order
• 2019-10-23Final Order Issued
• 2019-10-25Enforcement Action Data Entered
• 2019-11-08Enforcement Action Closed