EPA v. FIRST UTILITY DISTRICT OF KNOX COUNTY WTP

Case summary

7/29/2008 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $2,550. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN DAYS. EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT IT HAD DEVELOPED AND IMPLEMENTED WRITTEN OPERATING PROCEDURES THAT ADDRESS THE FOLLOWING ELEMENTS FOUND AT 40 CFR SECTION 68.69.(2) OPERATING LIMITS, INCLUDING (i) CONSEQUENCES OF DEVIATION AND (ii) STEPS REQUIRED TO CORRECT OR AVOID DEVIATION; (3) SAFETY AND HEALTH CONSIDERATIONS, 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 HAD 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 SECTION 68.69(c); AND AT LEAST EVERY THREE 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 SECTION 68.79(a).

Defendants (1)

• FIRST UTILITY DISTRICT OF KNOX COUNTY WTP (SB)Named in complaintNamed in settlement

Facilities (1)

• FIRST UTILITY DISTRICT OF KNOX COUNTY WTP

  1239 JENKINS LANE, KNOXVILLE, TN, 37934-4132

  Registry ID: 110000543216

Statutes cited

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

Enforcement conclusions (1)

• FIRST UTILITY DISTRICT OF KNOX COUNTY WTPentered 2008-07-29

  Primary law: CAA

  Federal penalty: $2,550

Timeline (4 milestones)

• 2008-07-29Final Order Issued
• 2008-07-29Complaint Filed/Proposed Order
• 2008-07-31Enforcement Action Data Entered
• 2008-08-25Enforcement Action Closed