EPA v. CHATTANOOGA WASTE RESOURCES DIVISION-MOCCASIN BEND WWTP

Case summary

3/27/2007 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY $3600. AGREEMENT ALLEGES: RESPONDENT DID NOT PROVIDE EVIDENCE THAT IT HAS RETAINED ALL PROCESS HAZARD ANALYSES FOR THE LIFE OF THE COVERED PROCESS AS REQUIRED BY 40 CFR SECTION 68.87(g); RESPONDENT DID NOT PROVIDE EVIDENCE THAT IT HAS DEVELOPED AND IMPLEMENTD WRITTEN OPERATING PROCEDURES THAT ADDRESS THE FOLLOWING ELEMENTS FOUND AT 40 CFR SECTION 68.69(a): OPERATING LIMITS, INCLUDING (2)(i) CONSEQUENCES OF DEVIATION AND (2)(ii) STEPS REQUIRED TO CORRECT OR AVOID DEVIATION, SAFETY AND HEALTH CONISDERATIONS, INCLUDING (3)(i) PROPERTIES OF, AND HAZARDS PRESENTED BY THE CHEMICALS USED IN THE PROCESS, AND (3)(iii) CONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS; RESPONDENT DID NOT PROVIDE EVIDENCE THAT IT ANNUALLY CERTIFIED THE OPERATING PROCEDURES (I.E., THAT THE PROCEDURES ARE CURRENT AND ACCURATE) ON AN ANNUAL BASIS AS REQUIRED BY 40 CFR SECTION 68.69(c); AND RESPONDENT DID NOT PROVIDE EVIDENCE THAT AT LEAST EVERY THREE YEARS, RESPONDENT HAS EVALUATED ITS COMPLIANCE WITH THE PREVENTION PROGRAM REQUIREMENTS AND CERTIFIED THAT ITS PROCEDURES AND PRACTICES ARE ADEQUATE AND ARE BEING FOLLOWED AS REQUIRED BY 40 CFR SECTION 68.79(a).

Defendants (1)

• CHATTANOOGA WASTE RESOURCES DIV.-MOCCASIN BEND (SBNamed in complaintNamed in settlement

Facilities (1)

• MOCCASIN BEND WASTEWATER TREATMENT PLANT

  455 MOCCASIN BEND ROAD, CHATTANOOGA, TN, 37405-4403

  Registry ID: 110000536527

Statutes cited

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

Enforcement conclusions (1)

• CHATTANOOGA WASTE RESOURCES DIVISION-MOCCASIN BEND WWTPentered 2007-03-27

  Primary law: CAA

  Federal penalty: $3,600

Timeline (4 milestones)

• 2007-03-27Complaint Filed/Proposed Order
• 2007-03-27Final Order Issued
• 2007-04-04Enforcement Action Data Entered
• 2007-04-10Enforcement Action Closed