EPA v. JADE TANK LINES, INC.

Case summary

8/8/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,525 (CERCLA VIOLATION - $1,000, EPCRA VIOLATION - $4,425). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: ON JULY 28, 2010, RESPONDENT HAD A RELEASE OF FORMALDEHYDE ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a) OF CERCLA, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF FORMALDEHYDE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(c) OF EPCRA, BY FAILING TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE SERC AND LEPC WHEN THERE HAD BEEN A RELEASE OF FORMALDEHYDE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• JADE TANK LINES, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• FORMALDEHYDE SPILL

  IN STREET AT 1411 INDUSTRIAL DRIVE, FAYETTEVILLE, NC, 28301

  Registry ID: 110044867766

Statutes cited

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

Enforcement conclusions (1)

• JADE TANK LINES, INC.entered 2011-08-08

  Primary law: CERCLA

  Federal penalty: $5,525

Timeline (4 milestones)

• 2011-08-08Complaint Filed/Proposed Order
• 2011-08-08Final Order Issued
• 2011-08-09Enforcement Action Closed
• 2011-08-12Enforcement Action Data Entered