EPA v. PRICHARD WATER WORKS AND SEWER BOARD

Case summary

2/6/06 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $3,660, DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: THE SPECIFIC VIOLATIONS CITED BELOW ARE RELEVATN TO THE CHLORINE AND SULFUR DIOXIDE PROCESSES: 1. FAILURE TO DOCUMENT OTHER PERSONS RESPONSIBLE FOR IMPLEMENTING INDIVIDUAL REQUIREMENTS OF THE RISK MANAGEMENT PROGRAM AND DEFINED THE LINES OF AUTHORITY THORUGH AN ORGANIZATION CHART OR SIMILAR DOCUMENT (40 CFR 68.15(c)). 2. FAILURE TO DOCUMENT AND COMPILE AS PART OF THE PROCESS SAFETY INFORMATION: INFORMATION PERTAINING TO THE TECHNOLOGY OF THE PROCESS: (a) MAXIMUM INTENDED INVENTORY (40 CFR 68.65(c)(1)(iii); (b) SAFE UPPER AND LOWER LIMITS FOR PROCESS TEMPERATURES AND PRESSURES (40 CFR 68.65(c)(1)(iv)); AND (c) AN EVALUATION OF THE CONSEQUENCES OF DEVIATION FROM OPERATING LIMITS (40 CFR 68.65(c)(1)(iv)); AND INFORMATION PERTAINING TO THE EQUIPMENT IN THE PROCESS: (a) VENTILATION SYSTEM DESIGN (40 CFR 68.65(d)(1)(v)); AND (b) DESIGN CODES AND STANDARDS EMPLOYED (40 CFR 68.65(d)(1)(vi)). 3. FAILURE TO PERFORM THE INITIAL PROCESS HAZARD ANALYSIS (40 CFR 68.67(a)). 4. FAILURE TO DEVELOP WRITTEN OPERATING PROCEDURES WHICH ADDRESS THE FOLLOWING: STEPS FOR EACH OPERATING PHASE: (a) EMERGENCY SHUTDOWN, INCLUDING THE CONDITIONS UNDER WHICH EMERGENCY SHUTDOWN IS REQUIRED AND THE ASSIGNMENT OF SHUTDOWN RESPONSIBILITY TO QUALIFIED OPERATORS TO ENSURE THAT EMERGENCY SHUTDOWN IS EXECUTED IN A SAFE AND TIMELY MANNER (40 CFR 68.69(a)(1)(iv)); (b) NORMAL SHUTDOWN (40 CFR 68.69(a)(1)(vi)); AND (c) STARTUP FOLLOWING A TURNAROUND, OR AFTER AN EMERGENCY SHUTDOWN (40 CFR 68.69(a)(1)(viii)); OPERATING LIMITS: (a) CONSEQUENCES OF DEVIATIONS (40 CFR 68.69(a)(2)(i)); AND (b) steps required to correct or avoid deviation (40 cfr 68.69(a)(2)(ii)); AND SAFETY AND HEALTH CONSIDERATIONS: (a) PROPERTIES OF, AND HAZARDS PRESENTED BY PROCESS CHEMICALS (40 CFR 68.69(a)(3)(i)); (b) PRECAUTIONS NECESSARY TO PREVENT EXPOSURE, INCLUDING ENGINEERING CONTROLS, ADMINISTRATIVE CONTROLS AND PERSONAL PROTECTIVE EQUIPMENT (40 CFR 68.69(a)(3)(ii)); (c) CONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS (40 CFR 68.69(a)(3)(iii); AND (d) SAFETY SYSTEMS AND THEIR FUNCTIONS (40 CFR 68.69(a)(4)). 5. FAILURE TO ANNUALLY CERTIFY THAT OPERATING PROCEDURES ARE CURRENT AND ACCURATE (40 CFR 68.69(c)). 6. FAILURE TO ASCERTAIN AND DOCUMENT IN A RECORD THAT EACH EMPLOYEE INVOLVED IN OPERATING A PROCESS HAS RECEIVED AND UNDERSTOOD THE TRAINING REQUIRED (40 CFR 68.71(c)). 7. FAILURE TO CONDUCT A RISK MANAGEMENT PROGRAM AUDIT EVERY THREE YEARS AND CERTIFY BASED ON SUCH AUDIT THAT THE STATIONARY SOURCE HAS EVALUATED COMPLIANCE WITH THE REQUIRMENTS OF THE ACCIDENT PREVENTION PROGRAM TO VERIFY THAT DEVELOPED PROCEDURES AND PRACTICES ARE ADEQUATE AND BEING FOLLOWED (40 CFR 68.79(a)).

Defendants (1)

• PRICHARD WATER WORKS & SEWER BOARD (SB)Named in complaintNamed in settlement

Facilities (2)

• STANLEY BROOKS WWTP

  END OF ALDOCK ROAD, PRICHARD, AL, 36610

  Registry ID: 110000716253

• CARLOS A MORRIS WWTP

  54 GROVER STREET, PRICHARD, AL, 36610-3400

  Registry ID: 110000518388

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• PRICHARD WATER WORKS AND SEWER BOARDentered 2006-02-06

  Primary law: CAA

  Federal penalty: $3,660

Timeline (4 milestones)

• 2006-02-06Complaint Filed/Proposed Order
• 2006-02-06Final Order Issued
• 2006-02-15Enforcement Action Data Entered
• 2006-02-22Enforcement Action Closed