EPA v. E.I. DUPONT DE NEMOURS AND COMPANY

Case summary

8/26/05 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $15,844 FOR THE CERCLA VIOLATION AND A PENALTY OF $15,844 FOR THE EPCRA VIOLATION. ON JANUARY 19, 2005, A RELEASE OF CARBONYL SULFIDE ABOVE THE REPORTABLE QUANTITY (RQ) OCCURRED AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a) OF CERCLA BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF CARBONYL SULFIDE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND THE LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF CARBONYL SULFIDE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY

Defendants (1)

• E.I. DUPONT DE NEMOURS AND COMPANYNamed in complaintNamed in settlement

Facilities (2)

• DELISLE PLANT SITE

  7685 KILN-DELISLE ROAD, PASS CHRISTIAN, MS, 39571

  Registry ID: 110005985416

• DELISLE PLANT SITE

  7685 KILN-DELISLE ROAD, PASS CHRISTIAN, MS, 39571

  Registry ID: 110005985416

Statutes cited

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

Enforcement conclusions (1)

• E.I. DUPONT DE NEMOURS AND COMPANYentered 2005-08-26

  Primary law: EPCRA

  Federal penalty: $31,688

Timeline (3 milestones)

• 2005-08-26Complaint Filed/Proposed Order
• 2005-08-26Final Order Issued
• 2005-09-13Enforcement Action Data Entered