EPA v. MARTINSBURG, WV, CITY OF (CITY OF MARTINSBURG WASTEWATER TREATMENT PLANT (WWTP))

Case summary

On June 8, 2022, EPA Region III filed a signed Consent Agreement and Final Order ( CAFO ) resolving an action against the City of Martinsburg, WV for suspected violations of Section 103(a) of the CERCLA and Section 304 of EPCRA, in connection with Respondent's failure to timely report its December 23, 2019 release of approximately 2,000 pounds of chlorine gas from its wastewater treatment plant facility ( Facility ) into the atmosphere after ferric chloride was inadvertently added to a storage tank containing sodium hypochlorite ( the Release ). Specifically, EPA alleged that Respondent failed to immediately notify the National Response Center ( NRC ) and the State emergency response commission ( SERC ) of the Release as soon as Respondent knew, or should have known, that a release of a hazardous substance or extremely hazardous substance had occurred from the facility in an amount equal to or exceeding the applicable reportable quantity, in violation of CERCLA 103(a) and EPCRA 304(a-b). Additionally, EPA alleged that Respondent failed to comply with the requirement of Section 112(r)(1) of the CAA, 42 U.S.C. 7412(r)(1), to design and maintain a safe facility taking such steps as are necessary to prevent accidental releases by failing to adhere to relevant industry standards and provide training to Facility employees on the incompatibility of chemicals and/or avoiding accidental mixing of sodium hypochlorite with other chemicals, and on the proper use of PPE. The West Virginia Department of Environmental Protection is aware of this action, which involves an area of potential EJ concern. The settlement requires Respondent to pay $66,000.00 in civil penalties to resolve the alleged violations.

Defendants (1)

• MARTINSBURG, WV, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• CITY OF MARTINSBURG WASTEWATER TREATMENT PLANT (WWTP)

  500 E. JOHN STREET, MARTINSBURG, WV, 25401

  Registry ID: 110070681875

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause
• EPCRA 304 — Emergency Release Notification Section 313 Program

Enforcement conclusions (1)

• MARTINSBURG, WV, CITY OF (CITY OF MARTINSBURG WASTEWATER TREATMENT PLANT (WWTP))entered 2022-06-08

  Primary law: EPCRA

  Federal penalty: $66,000

Timeline (4 milestones)

• 2022-06-08Final Order Issued
• 2022-06-08Complaint Filed/Proposed Order
• 2022-06-10Enforcement Action Data Entered
• 2022-06-16Enforcement Action Closed