EPA v. THE MERCHANTS COMPANY

Case summary

4/13/06 - CONSENT AGREEMENT AND FINAL ORDER (CAF0) ISSUED ASSESSING A PENALTY OF $15,844 FOR THE CERCLA VIOLATION, AND $38,918 FOR EPCRA VIOLATIONS. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ON MARCH 13, 2005, A RELEASE OF ANHYDROUS AMMONIA ABOVE THE RQ OCCURRED AT THE FACILITY. RESPONDENT FAILED TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF ANHYDROUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. IN VIOLATION OF CERCLA SECTION 103(a). RESPONDENT FAILED TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF ANHYDROUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. IN VIOLATION OF EPCRA SECTION 304(a). RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR ANYDROUS AMMONIA TO THE SERC, THE LEPC, AND FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2004, 2003, AND 2002 BY MARCH 1 OF THE YEAR FOLLOWING THE CALENDAR YEAR FOR WHICH A REPORT WAS REQUIRED. IN VIOLATION OF EPCRA SECTION 312.

Defendants (1)

• THE MERCHANTS COMPANYNamed in complaintNamed in settlement

Facilities (1)

• THE MERCHANTS COMPANY

  1340 BOWLING STREET, JACKSON, MS, 39201

  Registry ID: 110023013184

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 304 — Emergency Release Notification Section 313 Program

Enforcement conclusions (1)

• THE MERCHANTS COMPANYentered 2006-04-13

  Primary law: EPCRA

  Federal penalty: $54,762

Timeline (3 milestones)

• 2006-04-13Complaint Filed/Proposed Order
• 2006-04-13Final Order Issued
• 2006-04-27Enforcement Action Data Entered