EPA v. MALLINCKRODT BAKER, INC.

Case summary

3/5/2007 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF 27,505 FOR EPCRA VIOLATIONS, AND $6,549 FOR CERCLA VIOLATIONS. ORDER ALLEGES: RESPONDENT FAILED TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF METHYLENE CHLORIDE AND ETHYL ETHER IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. RESPONDENT FAILED TO SUBMIT A FOLLOW-UP WRITTEN NOTICE TO THE SERC AND TO THE LEPC IN A TIMELY MANNER FOR THE APRIL 17, 2006, RELEASE OF ETHYL ETHER AND METHYLENE CHLORIDE. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 3049c) OF EPCRA. 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 EHTYL EHTER AND METHYLENE CHLORIDE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• MALLINCKRODT BAKER INC.Named in complaintNamed in settlement

Facilities (4)

• MALLINCKRODT BAKER INC

  7001 BYPASS RD, PARIS, KY, 40361

  Registry ID: 110056954112

• MALLINCKRODT BAKER INC

  7001 BYPASS RD, PARIS, KY, 40361

  Registry ID: 110056954112

• MALLINCKRODT BAKER INC

  7001 BYPASS RD, PARIS, KY, 40361

  Registry ID: 110056954112

• MALLINCKRODT BAKER INC

  7001 BYPASS RD, PARIS, KY, 40361

  Registry ID: 110056954112

Statutes cited

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

Enforcement conclusions (1)

• MALLINCKRODT BAKER, INC.entered 2007-03-05

  Primary law: EPCRA

  Federal penalty: $34,054

Timeline (4 milestones)

• 2007-03-05Complaint Filed/Proposed Order
• 2007-03-05Final Order Issued
• 2007-03-28Enforcement Action Data Entered
• 2007-04-03Enforcement Action Closed