EPA v. MARTEK BIOSCIENCES KINGSTREE CORPORATION

Case summary

7/2/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6,094 FOR THE CERCLA VIOLATION AND A PENALTY OF $9,844 FOR THE EPCRA VIOLATIONS. RESPONDENT ALSO AGREES TO PERFORM A SEP. ALLEGATIONS: ON FEB 7, 2009, RESPONDENT HAD A RELEASE OF AMMONIA ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA 103(a) BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA 304(a) BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA 304(c) BY FAILING TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) WHEN THERE HAD BEEN A RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• MARTEK BIOSCIENCES KINGSTREE CORPORATIONNamed in complaintNamed in settlement

Facilities (4)

• MARTEK BIOSCIENCES KINGSTREE

  1416 NORTH WILLIAMSBURG COUNTY HIGHWAY, KINGSTREE, SC, 29556

  Registry ID: 110000587525

• MARTEK BIOSCIENCES KINGSTREE

  1416 NORTH WILLIAMSBURG COUNTY HIGHWAY, KINGSTREE, SC, 29556

  Registry ID: 110000587525

• MARTEK BIOSCIENCES KINGSTREE

  1416 NORTH WILLIAMSBURG COUNTY HIGHWAY, KINGSTREE, SC, 29556

  Registry ID: 110000587525

• MARTEK BIOSCIENCES KINGSTREE

  1416 NORTH WILLIAMSBURG COUNTY HIGHWAY, KINGSTREE, SC, 29556

  Registry ID: 110000587525

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 304 — Emergency Release Notification Section 313 Program

Enforcement conclusions (1)

• MARTEK BIOSCIENCES KINGSTREE CORPORATIONentered 2010-07-02

  Primary law: EPCRA

  Federal penalty: $15,938 · SEP: $61,309

Timeline (4 milestones)

• 2010-07-02Final Order Issued
• 2010-07-02Complaint Filed/Proposed Order
• 2010-07-12Enforcement Action Data Entered
• 2010-07-29Enforcement Action Closed