EPA v. VEOLIA WATER NORTH AMERICA

Case summary

8/10/2010 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1,350. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT RESPONDENT'S FACILITY ON AUGUST 5, 2009, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT: AS PART OF ITS SAFETY INFO DOCUMENTATION, IT HAS COMPILED AND MAINTAINED THE FOLLOWING INFO PERTAINING TO THE EQUIPMENT IN THE PROCESS AS REQUIRED BY 40 CFR 68.65(d)(1): (v) VENTILIATION SYSTEM DESIGN; AND (vi) DESIGN CODES AND STANDARDS EMPLOYED; IT HAS DEVELOPED AND IMPLEMENTED WRITTEN OPERATING PROCEDURES THAT ADDRESS THE FOLLOWING ELEMENTS FOUND AT 40 CFR 68.69(a); (3) SAFETY AND HEALTH CONSIDERATION, INCLUDING (i) PROPERTIES OF, AND HAZARDS PRESENTED BY THE CHEMICALS USED IN THE PROCESS; AND (iii) CONTROLS MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS; AND (4) SAFETY SYSTEMS AND THEIR FUNCTIONS; AND AS PART OF ITS 2007 COMPLIANCE AUDIT, IT DOCUMENTED THAT DEFICIENCES HAS BEEN CORRECTED AS REQUIRED BY 40 CFR 68.79(d).

Defendants (1)

• VEOLIA WATER NORTH AMERICANamed in complaintNamed in settlement

Facilities (2)

• H.C. MORGAN POLLUTION CONTROL FACILITY

  616 SANDHILL ROAD, AUBURN, AL, 36832-7803

  Registry ID: 110000522104

• H.C. MORGAN POLLUTION CONTROL FACILITY

  616 SANDHILL ROAD, AUBURN, AL, 36832-7803

  Registry ID: 110000522104

Statutes cited

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

Enforcement conclusions (1)

• VEOLIA WATER NORTH AMERICAentered 2010-08-10

  Primary law: CAA

  Federal penalty: $1,350

Timeline (4 milestones)

• 2010-08-10Final Order Issued
• 2010-08-10Complaint Filed/Proposed Order
• 2010-08-23Enforcement Action Data Entered
• 2010-08-27Enforcement Action Closed