EPA v. WARRIOR RIVER WATER AUTHORITY (DONALD M. REED FILTER PLANT)

Case summary

2/24/09 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1,200, DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT ITS RISK MGMT PLANT (RMPlan) INDICATES THE CORRECT PROGRAM LEVEL FOR THE COVERED PROCESS AS REQUIRED BY 40 CFR 68.160(b)(7). THE CURRENT RMPlan IDENTIFIES THE COVERED PROCESS (PROCESS ID 41565) AS A PROGRAM LEVEL 1 PROCESS. HOWEVER, THE CURRENT PMPlan INDICATES THAT THERE ARE PUBLIC RECEPTORS WITHIN THE DISTANCE TO THE TOXIC ENDPOINT ASSOCIATED WITH A WORST-CASE RELEASE SCENARIO. THUS, THE PROCESS DOES NOT SATISFY THE PROGRAM LEVEL 1 CRITERIA. ALSO RESPONDENT FAILED TO REVIEW, UPDATE, AND SUBMIT A RMPlan ON OR BEFORE ITS APPLICABLE DUE DATE AS REQUIRED BY THE CHEMICAL ACCIDENT PREVENTION PROGRAM REGULATIONS PROMULGATED AT 40 CFR 68.190(b)(1) UNDER SECTION 112(r) OF THE ACT. THE DONALD M. REED FILTER PLANT'S RMPlan WAS DUE FOR AN UPDATED SUBMISSION ON AUGUST 22, 2008. AS OF JANUARY 7, 2009, RESPONDENT HAD NOTUPDATED THE RMPlan FOR THE PLANT.

Defendants (2)

• WARRIOR RIVER WATER AUTHORITYNamed in complaintNamed in settlement
• DONALD M. REED FILTER PLANTNamed in complaintNamed in settlement

Facilities (2)

• DONALD M. REED FILTER PLANT

  523 BELCHER FERRY ROAD, BESSEMER, AL, 35023

  Registry ID: 110009122234

• DONALD M. REED FILTER PLANT

  523 BELCHER FERRY ROAD, BESSEMER, AL, 35023

  Registry ID: 110009122234

Statutes cited

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

Enforcement conclusions (1)

• WARRIOR RIVER WATER AUTHORITY (DONALD M. REED FILTER PLANT)entered 2009-02-24

  Primary law: CAA

  Federal penalty: $1,200

Timeline (4 milestones)

• 2009-02-24Final Order Issued
• 2009-02-24Complaint Filed/Proposed Order
• 2009-02-25Enforcement Action Closed
• 2009-02-26Enforcement Action Data Entered