EPA v. ATHENS UTILITIES BOARD (VERNON WADE FILTRATION PLANT)

Case summary

7/5/07 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF$600, DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED THE RESPONDENT'S VERNON WADE FILTRATION PLANT ON 12/8/05, EPA ALLEGES THAT RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPODNENT DID NOT PROVIDE EVIDENCE THAT IT HAD: RETAINED ALL PROCESS HAZARDS ANALYSES, INCLUDING UPDATES OR REVALIDATIONS FOR THE LIFE OF THE COVERED PROCESS AS REUQIRED BY 40 CFR 68.67(g); DEVELOPED AND IMPLEMENTED WRITTEN OPERATING PROCEDURES THAT ADDRESS THE FOLLOWING ELEMENTS FOUND AT 40 CFR 68.69(a): OPERATING LIMITS, INCLUDING (2)(i) CONSEQUENCES OF DEVIATION AND (2)(ii) STEPS REQUIRED TO CORRECT OR AVOID DEVIATION; AND SAFETY AND HEALTH CONSIDERATION, INCLUDING 3(ii) PRECAUTIONS NECESSARY TO PREVENT EXPOSURE, INCLUDING ENGINEERING CONTROLS, ADMINISTRATIVE CONTROLS AND PERSONAL PROTECTIVE EQUIPMENT; CERTIFIED THE OPERATING PROCEDURES (I.E., THAT THE PROCEDURES ARE CURRENT AND ACCURATE) ON AN ANNUAL BASIS AS REQUIRED BY 40 CFR 68.69(c); AND AT LEAST EVERY 3 YRS, 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 68.79(a).

Defendants (1)

• ATHENS UTILITY BOARD (SB)Named in complaintNamed in settlement

Facilities (1)

• VERNON WADE FILTRATION PLANT

  OLD NIOTA ROAD, ATHENS, TN, 37303

  Registry ID: 110002351268

Statutes cited

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

Enforcement conclusions (1)

• ATHENS UTILITIES BOARD (VERNON WADE FILTRATION PLANT)entered 2007-07-05

  Primary law: CAA

  Federal penalty: $600

Timeline (4 milestones)

• 2007-07-05Final Order Issued
• 2007-07-05Complaint Filed/Proposed Order
• 2007-07-06Enforcement Action Data Entered
• 2007-07-16Enforcement Action Closed