EPA v. J & J CHEMICAL COMPANY

Case summary

2/16/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $26,550; CERCLA VIOLATION - $13,275 AND EPCRA VIOLATION $13,275. RESPONDENT SHALL MAKE PAYMENT IN FOUR QUARTERLY INSTALLMENTS. THE FIRST PAYMENT OF $3,345.81 IS PAYABLE BY MARCH 1, 2011 AND THE LAST PAYMENT OF $3,337.46 IS PAYABLE BY DECEMBER 1, 2011. ORDER ALLEGES: ON JULY 28, 2010, RELEASES OF FORMALDEHYDE AND 1,4 DICHLOROBENZENE, BOTH IN QUANTITIES EXCEEDING THEIR RESPECTIVE RQ, OCCURRED FROM RESPONDENT'S FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 1039a) OF CERCLA, 42 U.S.C SECTION 9603(A), BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF FORMALDEHYDE AND 1,4 DICHLOROBENZENE IN AMOUNTS EQUAL TO OR GREATER THAN THEIR RESPECTIVE RQ AT RESPONDENT'S FACILITY. IN VIOLATION OF SECTION 109 OF CERCLA. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA, 42 U.S.C. SECTION 1104(a), BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF FORMALDEHYDE AND 1, 4-DICHLROBENZENE IN AMOUNTS EQUAL TO OR GREATER THAN THEIR RESPECTIVE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• J & J CHEMICAL COMPANY (SB)Named in complaintNamed in settlement

Facilities (1)

• J&J CHEMICAL CO

  190 TRANS TECH DR, ATHENS, GA, 30601

  Registry ID: 110020517396

Statutes cited

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

Enforcement conclusions (1)

• J & J CHEMICAL COMPANYentered 2011-02-17

  Primary law: CERCLA

  Federal penalty: $26,550

Timeline (4 milestones)

• 2011-02-17Final Order Issued
• 2011-02-17Complaint Filed/Proposed Order
• 2011-03-01Enforcement Action Data Entered
• 2012-01-11Enforcement Action Closed