EPA v. DYCHO COMPANY, INC.

Case summary

6/5/2009 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1800. BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY ON JUNE 26, 2007, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT: A. THE HAZARDS ASSOCIATED WITH THE PROCESS AND REGULATED SUBTANCES (40 CFR SECTION 68.50(a)(1); B. OPPORTUNITIES FOR EQUIPMENT MALFUNCTIONS OR HUMAN ERRORS THT COULD CAUSE AN ACCIDENTAL RELEASE (40 CFR SECTION 68.50(a)(2); C. THE SAFEGUARDS USED OR NEEDED TO CONTROL THE HAZARDS OR PREVENT EQUIPMENT MALFUNCTIONS OR HUMAN EFFOR (40 CFR SECTION 68.50(a)(3); AND D. ANY STEPS USED OR NEEDED TO DETECT OR MONITOR RLEASES (40 CFR SECTION 68.50(a)(4). IT HAS PREPARED WRITTEN OPERATING PROCEDURES THAT PROVIDE CLEAR INSTRUCTIONS OR STEPS FOR SAFELY CONDUCTING ACTIVITIES ASSOCIATED WITH EACH COVERED PROCESS CONSISTENT WITH THE SAFELY INFORMATION FOR THAT PROCESS AS REQUIRED BY 40 CFR SECTION 68.52(a); AND IT HAS CONDUCTED AND DOCUMENTED COMPLIANCE AUDITS AT LEAST EVERY THREE YEARS TO VERIFY, AND CERTIFY THAT THE COVERED PROCESS PROCEDURES AND PRACTICES ARE ADEQUATE AND ARE BEING FOLLOWED AS REQUIRED BY 40 CFR SECTION 68.58(a).

Defendants (1)

• DYCHO COMPANY, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• THE DYCHO COMPANY INC.

  412 MERIDIAN STREET, NIOTA, TN, 378260513

  Registry ID: 110000373033

Statutes cited

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

Enforcement conclusions (1)

• DYCHO COMPANY, INC.entered 2009-06-05

  Primary law: CAA

  Federal penalty: $1,800

Timeline (4 milestones)

• 2009-06-05Complaint Filed/Proposed Order
• 2009-06-05Final Order Issued
• 2009-06-24Enforcement Action Data Entered
• 2009-06-25Enforcement Action Closed