EPA v. E. I. DUPONT DE NEMOURS AND COMPANY

Case summary

6/18/2008 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,239 FOR THE CERCLA VIOLATION AND $5,239 FOR THE EPCRA VIOLATION. ON SEPT 30, 2008, RESPONDENT HAD A RELEASE OF AMMONIA ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103 OF CERCLA BY FAILING TO IMMEDIATLEY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA BY FAILING TO IMMEDIATELY NOTIFY THE SERC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• E.I. DUPONT DE NEMOURS AND COMPANYNamed in complaintNamed in settlement

Facilities (2)

• COVORO MINING SOLUTIONS, LLC (USED TO BE CHEMOURS)

  2571 FITE RD., MEMPHIS, TN, 38127

  Registry ID: 110000374443

• COVORO MINING SOLUTIONS, LLC (USED TO BE CHEMOURS)

  2571 FITE RD., MEMPHIS, TN, 38127

  Registry ID: 110000374443

Statutes cited

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

Enforcement conclusions (1)

• E. I. DUPONT DE NEMOURS AND COMPANYentered 2008-06-18

  Primary law: EPCRA

  Federal penalty: $10,478

Timeline (4 milestones)

• 2008-06-18Final Order Issued
• 2008-06-18Complaint Filed/Proposed Order
• 2008-06-25Enforcement Action Data Entered
• 2008-07-21Enforcement Action Closed