EPA v. HENDERSONVILLE UTILITY DISTRICT

Case summary

7/14/09 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $2,280, DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION AT RESPONDENT'S FACILITY ON AUGUST 15, 2007, EPA ALLEGES THAT RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT IT HAS: DOCUMENTED ALL INFORMATION PERTAINING TO THE TECHNOLOGY OF THE PROCESS, INCLUDING PIPING AND INSTRUMENTATION DIAGRAMS AS REQUIRED BY 40 CFR 68.65(d)(1)(ii); PERFORMED AND DOCUMENTED AN INITIAL PROCESS HAZARD ANALYSIS, TO IDENTIFY, EVALUATE AND CONTROL THE HAZARDS INVOLVED IN THE PROCESS AS REQUIRED BY 40 CFR 68.67(a); DEVELOPED AND IMPLEMENTED WRITTEN OPERATING PROCEDURES THAT ADDRESS THE FOLLOWING ELEMENTS FOUND AT 40 CFR 68.69(a): (3) SAFETY AND HEALTH CONSIDERATIONS, INCLUDING (i) PROPERTIES OF, AND HAZARDS PRESENTED BY THE CHEMICALS USED IN THE PROCESS; AND (iii) CONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS; 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 68.69(c); AND CONDUCTED AUDITS TO EVALUATE ITS COMPLIANCE WITH THE CHEMICAL ACCIDENT PREVENTION PROGRAM REQUIREMENTS AT LEAST EVERY 3 YEARS, AND BASED ON SUCH AUDITS, CERTIFIED THAT THE PROCEDURES AND PRACTICES ARE ADEQUATE AND ARE BEING FOLLOWED AS REQUIRED BY 40 CFR 68.79(a).

Defendants (1)

• HENDERSONVILLE UTILITY DISTRICT (SB)Named in complaintNamed in settlement

Facilities (1)

• HENDERSONVILLE UTILITY DIST. WATER TREATMENT PLANT

  131 SAVO BAY DR., HENDERSONVILLE, TN, 37075-3474

  Registry ID: 110000555845

Statutes cited

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

Enforcement conclusions (1)

• HENDERSONVILLE UTILITY DISTRICTentered 2009-07-14

  Primary law: CAA

  Federal penalty: $2,280

Timeline (4 milestones)

• 2009-07-14Final Order Issued
• 2009-07-14Complaint Filed/Proposed Order
• 2009-07-23Enforcement Action Data Entered
• 2009-08-10Enforcement Action Closed