EPA v. EASTSIDE UTILITY DISTRICT

Case summary

7/5/07 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $2,060, DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT RESPONDENT'S WATER TREATMENT PLANT ON 12/2/05, EPA ALLEGEST THAT RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT IT HAD: CONDUCTED AND DOCUMENTED THE INITIAL PROCESS HAZARDS ANALYSIS IN ORDER TO EVALUATE AND CONTROL HAZARDS INVOLVED IN THE PROCESS AS REQUIRED BY 40 CFR 68.67(a); DEVELOPED AND IMPLEMENTED WRITTEN OPERATING PROCEDURES THAT PROVIDE INSTRUCTIONS OR STEPS FOR CONDUCTING ACTIVITIES ASSOCIATED WITH THE PROCESS AS REQUIRED BY 40 CFR 68.69(a); 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); ESTABLISHED AND IMPLEMENTED WRITTEN PROCEDURES TO MANAGE PROCESS CHANGES AS REQUIRED BY 40 CFR 68.75(a); 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); AND REVIEWED, UPDATED AND SUBMITTED ITS RISK MGMT PLANT ON OR BEFORE ITS APPLICABLE DUE DATE OF JUNE 21, 2004, AS REQUIRED BY 40 CFR 68.190(b).

Defendants (1)

• EASTSIDE UTILITY DISTRICT (SB)Named in complaintNamed in settlement

Facilities (1)

• EASTSIDE UTILITY WATER TREATMENT PLANT (WTP)

  8301 HICKORY VALLEY ROAD, CHATTANOOGA, TN, 37416-1345

  Registry ID: 110000563355

Statutes cited

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

Enforcement conclusions (1)

• EASTSIDE UTILITY DISTRICTentered 2007-07-05

  Primary law: CAA

  Federal penalty: $2,060

Timeline (4 milestones)

• 2007-07-05Complaint Filed/Proposed Order
• 2007-07-05Final Order Issued
• 2007-07-06Enforcement Action Data Entered
• 2007-07-17Enforcement Action Closed