EPA v. AMERICAN DEVELOPMENT CORPORATION OF TENNESSEE, INC.

Case summary

5/1/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6,372 (CERCLA VIOLATION $2,124 AND EPCRA VIOLATIONS $4,248). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: VIOLATION OF SECTION 304(a) EPCRA ON MARCH 17, 2011, RESPONDENT HAD A RELEASE OF SODIUM HYPOCHLORITE ABOVE THE RQ AT THE FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA, BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF SODIUM HYPOCHLORITE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. VIOLATION OF SECTION 304(c) OF EPCRA ON MARCH 17, 2011, RESPONDENT HAD A RELEASE OF SODIUM HYPOCHLORITE ABOVE THE RQ AT THE FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(c) OF EPCRA, 42 U.S.C. SECTION 11004(c), BY FAILING TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) WHEN THERE HAD BEEN A RELEASE OF SODIUM HYPOCHLORITE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. VIOLATION OF CERCLA ON MARCH 17, 2011, RESPONDENT HAD RELEASE OF SODIUM HYPOCHLORITE ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIRMENTS OF SECTION 103(a) OF CERCLA, 42 U.S.C. SECTION 9603(a), BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEGE OF THE RELEASE OF SODIUM HYPOCHLORITE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• AMERICAN DEVELOPMENT CORP. OF TENNESSEE, INC (SB)Named in complaintNamed in settlement

Facilities (1)

• AMERICAN DEVELOPMENT CORP

  821 WILLIAM D JONES BLVD, FAYETTEVILLE, TN, 37334

  Registry ID: 110038256295

Statutes cited

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

Enforcement conclusions (1)

• AMERICAN DEVELOPMENT CORPORATION OF TENNESSEE, INC.entered 2012-05-01

  Primary law: EPCRA

  Federal penalty: $6,372 · SEP: $25,265

Timeline (4 milestones)

• 2012-05-01Complaint Filed/Proposed Order
• 2012-05-01Final Order Issued
• 2012-05-02Enforcement Action Data Entered
• 2012-06-01Enforcement Action Closed