EPA v. SOUTHERN METALS RECYCLING, INC.

Case summary

12/21/2011 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $13,300 FOR THE CERCLA VIOLATION AND $20,300 FOR THE EPCRA VIOLATIONS. VIOLATIONS OF EPCRA 304(c) - ON JAN 21, 2011, RESPONDENT HAD A RELEASE OF CHLORINE ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA 304(c) BY FAILING TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE LEPC WHEN THERE HAD BEEN A RELEASE OF CHLORINE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. VIOLATIONS OF EPCRA 312 - AT SOME TIME DURING THE CALENDAR YEARS OF 2009, 2008, AND 2007, OXYGEN WAS PRESENT AT THE FACILITY IN AN AMOUNT EQUAL TO OR GREATER THAN 10,000 POUNDS. RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR OXYGEN TO THE SERC, THE LEPC, AND FIRE DEPT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2009, 2008 AND 2007, BY MAR 1 OF THE YEAR FOLLOWING THE CALENDAR YEARS FOR WHICH THE RPEORT WAS REQUIRED. VIOLATIONS OF CERCLA 103(a) - ON JAN 21, 2011, RESPONDENT HAD A RELEASE OF CHLORINE ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA 103(a) AND THE APPLICABLE CERCLA REGS BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF CHLORINE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• SOUTHERN METALS RECYCLING, INC.Named in complaintNamed in settlement

Facilities (2)

• SOUTHERN METALS RECYCLING

  2820 TREMONT RD, SAVANNAH, GA, 31405

  Registry ID: 110039166568

• SOUTHERN METALS RECYCLING

  2820 TREMONT RD, SAVANNAH, GA, 31405

  Registry ID: 110039166568

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 304 — Emergency Release Notification Section 313 Program

Enforcement conclusions (1)

• SOUTHERN METALS RECYCLING, INC.entered 2011-12-21

  Primary law: EPCRA

  Federal penalty: $33,600

Timeline (4 milestones)

• 2011-12-21Complaint Filed/Proposed Order
• 2011-12-21Final Order Issued
• 2011-12-22Enforcement Action Closed
• 2011-12-29Enforcement Action Data Entered