EPA v. INVISTA S.A.R.L.

Case summary

12/17/07 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,239 FOR THE CERCLA VIOLATION AND $5,240 FOR THE EPCRA VIOLATION. PENALTY DUE WITHIN 30 DAYS. ON JUNE 1, 2007, RESPONDENT HAD A RELEASE OF PARA-XYLENE ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA 103(a) BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF PARA-XYLENE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA SECTION 304(a) BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF PARA-XYLENE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• INVISTA S.A.R.L.Named in complaintNamed in settlement

Facilities (8)

• INVISTA

  4600 HIGHWAY 421 NORTH, WILMINGTON, NC, 28402

  Registry ID: 110007116101

• INVISTA

  4600 HIGHWAY 421 NORTH, WILMINGTON, NC, 28402

  Registry ID: 110007116101

• INVISTA

  4600 HIGHWAY 421 NORTH, WILMINGTON, NC, 28402

  Registry ID: 110007116101

• INVISTA

  4600 HIGHWAY 421 NORTH, WILMINGTON, NC, 28402

  Registry ID: 110007116101

• INVISTA

  4600 HIGHWAY 421 NORTH, WILMINGTON, NC, 28402

  Registry ID: 110007116101

• INVISTA

  4600 HIGHWAY 421 NORTH, WILMINGTON, NC, 28402

  Registry ID: 110007116101

• INVISTA

  4600 HIGHWAY 421 NORTH, WILMINGTON, NC, 28402

  Registry ID: 110007116101

• INVISTA

  4600 HIGHWAY 421 NORTH, WILMINGTON, NC, 28402

  Registry ID: 110007116101

Statutes cited

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

Enforcement conclusions (1)

• INVISTA S.A.R.L.entered 2007-12-17

  Primary law: EPCRA

  Federal penalty: $10,479

Timeline (3 milestones)

• 2007-12-17Final Order Issued
• 2007-12-17Complaint Filed/Proposed Order
• 2008-01-08Enforcement Action Data Entered