EPA v. VEOLIA WATER NORTH AMERICA

Case summary

8/10/2010 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1,080. AGREEMENT ALLEGES: BASED ON THE COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY LOCATED AT 3121 RICHLAND ROAD, AUBURN, ALABAMA, ON AUGUST 6,2009, EPA ALLEGS THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT: AS PART OF ITS SAFETY INFORMATION DOCUMENTATION, IT HAS COMPLIED AND MAINTAINED THE FOLLOWING INFORMATION PERTAINING TO THE EQUIPMENT IN THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.65(c)(1):(v) VENTILATION 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 SECTION 68.69(a): (3)SAFETY AND HEALTH CONSIDERATIONS, INCLUDING (i) PROPERTIIES 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; AND (4) SAFETY SYSTEMS AND THEIR FUNCTIONS; AND AS PART OF ITS 2007 COMPLIANCE AUDIT, IT DOCUMENTED THAT DEFICIENCIES HAD BEEN CORRECTED AS REQUIRED BY 40 CFR SECTION 68.79(d).

Defendants (1)

• VEOLIA WATER NORTH AMERICA (SB)Named in complaintNamed in settlement

Facilities (2)

• NORTHSIDE P C F METCALF & EDDY SERVICES INC

  RICHLAND ROAD, AUBURN, AL, 36830

  Registry ID: 110000718901

• CITY OF AUBURN - NORTHSIDE WPCF

  RICHLAND ROAD, AUBURN, AL, 36830

  Registry ID: 110000718901

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: $1,080

Timeline (3 milestones)

• 2010-08-10Complaint Filed/Proposed Order
• 2010-08-10Final Order Issued
• 2010-08-19Enforcement Action Data Entered