EPA v. MARYVILLE, TN, CITY OF, WATER FILTRATION PLT.

Case summary

7/29/2008 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1,080. 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 HAS DEVELOPED AND IMPLEMENTED WRITTEN OPERATING PROCEDURES THAT ADDRESS THE FOLLOWING ELEMENTS FOUND AT 40 CFR SECTION 68.69(a): (1)(iv) EMERGENCY SHUTDOWN, INCLUDING THE CONDITIONS UNDER WHICH EMERGENCY SHUTDOWN IS REQUIRED AND THE ASSIGNMENT OF SHUTDOWN RESPONSIBILITY TO QUALIFIED OPERATORS TO ENSURE THAT EMERGENCY SHUTDOWN IS EXECUTED IN A SAFE MANNER; AND (2) OPERATING LIMITS, INCLUDING (i) CONSEQUENCES OF DEVIATION AND (ii) STEPS REQUIRED TO CORRECT OR AVOID DEVIATION; IT HAS ANNUAL CERTIFIED THAT THE OEPRATING PROCEDURES ARE CURRENT AND ACCURATE AND THAT PROCEDURES HAVE BEEN REVIEWED AS OFTEN AS NECESSARY AS REQUIRED BY 40 CFR SECTION 68.80(c); AND AT LEAST EVERY THREE YEARS, IT HAS 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)

• MARYVILLE, TN, CITY OF, WATER FILTRATION PLANT (SBNamed in complaintNamed in settlement

Facilities (1)

• WATER FILTRATION PLANT

  3635 SEVIERVILLE ROAD, MARYVILLE, TN, 37804

  Registry ID: 110072196030

Statutes cited

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

Enforcement conclusions (1)

• MARYVILLE, TN, CITY OF, WATER FILTRATION PLT.entered 2008-07-29

  Primary law: CAA

  Federal penalty: $1,080

Timeline (4 milestones)

• 2008-07-29Complaint Filed/Proposed Order
• 2008-07-29Final Order Issued
• 2008-07-31Enforcement Action Data Entered
• 2008-08-12Enforcement Action Closed