EPA v. PLEASANT VIEW UTILITY DISTRICT

Case summary

6/18/08 - EXPEDITED SETTLEMENT AGMT ISSUED, ASSESSING A PENALTY OF $1,170. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE WATER TREATMENT PLANT ON JAN 11, 2007, EPA ALLEGES THAT RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT IT HAD: DEVELOPED AND IMPLEMENTED WRITTEN OPERATING PROCEDURES THAT ADDRESS RECEIVING CHLORINE CYLINDERS, AND CONNECTING AND DISCONNECTING THE CYLINDERS AS REQUIRED BY 40 CFR 68.69(a); DEVELOPED AND IMPLEMENTED WRITTEN OPERATING PROCEDURES THAT ADDRESS THE FOLLOWING ELEMENTS FOUND AT 40 CFR 68.69(a): (2) OPERATING LIMITS, INCLUDING (i) CONSEQUENCES OF DEVIATION AND (ii) STEPS REQUIRED TO CORRECT OR AVOID DEVIATION; (3) SAFETY AND HEALTH CONSIDERATION, INCLUDING (i) PROPERTIES OF, AND HAZARDS PRESENTED BY THE CHEMICALS USED IN THE PROCESS, (ii) PRECAUTIONS NECESSARY TO PREVENT EXPOSURE, INCLUDING ENGINEERING CONTROLS, ADMINISTRATIVE CONTROLS, AND PERSONAL PROTECTIVE EQUIPMENT, (iii) CONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS, AND (iv) CONTROL OF HAZARDOUS CHEMICAL INVENTORIES; AND (4) SAFETY SYSTEMS AND THEIR FUNCTIONS; IT HAS ANNUALLY CERTIFIED THAT THE OPERATING PROCEDURES ARE CURRENT AND ACCURATE AND THAT PROCEDURES HAVE BEEN REVIEWED AS OFTEN AS NECESSARY AS REQUIRED BY 40 CFR 68.69(c); AND AT LEAST EVERY 3 YEARS, 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)

• PLEASANT VIEW UTILITY DISTRICT (SB)Named in complaintNamed in settlement

Facilities (1)

• PLEASANT VIEW UTILITY DISTRICT

  1199 FLOYD HUDGENS ROAD, ASHLAND CITY, TN, 37015

  Registry ID: 110072152950

Statutes cited

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

Enforcement conclusions (1)

• PLEASANT VIEW UTILITY DISTRICTentered 2008-06-18

  Primary law: CAA

  Federal penalty: $1,170

Timeline (4 milestones)

• 2008-06-18Complaint Filed/Proposed Order
• 2008-06-18Final Order Issued
• 2008-06-24Enforcement Action Data Entered
• 2008-07-07Enforcement Action Closed