EPA v. PCS PHOSPHATE COMPANY, INC.

Case summary

3/9/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A A TOTAL PENALTY OF $40,300 (CERCLA VIOLATION - $28,800; EPCRA VIOLATION - $11,500). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: ON OCTOBER 9, 2009, AND ON JUNE 16, 2010, RESPONDENT HAD A RELEASE OF AMMONIA ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a) OF CERCLA, 42 U.S.C. SECTION 9603(a), AND THE APPLICABLE CERCLA REGULATIONS, 40 C.F.R. SECTION 302.6, 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. ON OCTOBER 9, 2009, RESPONENT HAD A RELEASE OF AMMONIA ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT THE RELEASE RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSONS BEYOND THE SITE OR SITES ON WHICH THE FACILITY IS LOCATED. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA, 42 U.S.C. SECTION 1104(a), AND THE APPLICABLE EPCRA REGULATIONS OF 40 C.F.R. SECTI0N 355, SUBPART C, 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.

Defendants (1)

• PCS PHOSPHATE COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• PCS PHOSPATE COMPANY, INC.

  1530 HIGHWAY 306 SOUTH, AURORA, NC, 27806

  Registry ID: 110000586376

Statutes cited

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

Enforcement conclusions (1)

• PCS PHOSPHATE COMPANY, INC.entered 2011-03-09

  Primary law: CERCLA

  Federal penalty: $40,300

Timeline (4 milestones)

• 2011-03-09Final Order Issued
• 2011-03-09Complaint Filed/Proposed Order
• 2011-03-17Enforcement Action Data Entered
• 2011-03-24Enforcement Action Closed