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

Case summary

7/7/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $21,125, FOR THE CERCLA VIOLATION AND A PENALTY OF $42,250 FOR THE EPCRA VIOLATION. PENALTY DUE WITHIN 30 DAYS. ON DEC 3, 2008, RESPONDENT HAD A RELEASE OF CHLORINE ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA SEC 103(a) BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF CHLORINE 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 CHLORINE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• DUPONT TITANIUM TECHNOLOGIESNamed in complaintNamed in settlement

Facilities (2)

• DUPONT DELISLE FACILITY

  7685 KILN DELISILE ROAD, PASS CHRISTIAN, MS, 39571

  Registry ID: 110005985416

• DUPONT DELISLE FACILITY

  7685 KILN DELISILE ROAD, PASS CHRISTIAN, MS, 39571

  Registry ID: 110005985416

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 2009-07-07

  Primary law: EPCRA

  Federal penalty: $63,375

Timeline (4 milestones)

• 2009-07-07Complaint Filed/Proposed Order
• 2009-07-07Final Order Issued
• 2009-07-22Enforcement Action Data Entered
• 2009-08-07Enforcement Action Closed