EPA v. E.I. DU PONT DE NEMOURS AND COMPANY

Case summary

6/11/2013 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $18,281 (EPCRA VIOLATIONS - $12,187 AND CERCLA VIOLATION - $6,094. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ORDER ALLEGES: VIOLATION OF CERCLA ON JANUARY 13. 2012, RESPONDENT HAD A RELEASE OF CHLORINE 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 CHLORINE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. IN VIOLATION OF SECTION 109 OF CERCLA. VIOLATION OF SECTION 304(a) OF EPCRA ON JANUARY 30, 2012, RESPONDENT HAD A RELEASE OF CHLORINE ABOVE THE RQ AT THE FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA, BY FAILING TO IMMEDIATELY NTOIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF CHLORINE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. VIOLATION OF SECTION 304(c) OF EPCRA ON JANUARY 30, 3012, RESPONDENT HAD A RELEASE OF CHLORINE ABOVE THE RQ AT THE 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 CHLORINE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• E. I. DU PONT DE NEMOURS AND COMPANYNamed in complaintNamed in settlement

Facilities (1)

• E.I. DU PONT DE NEMOURS AND COMPANY

  1959 DUPONT ROAD, NEW JOHNSONVILLE, TN, 37134

  Registry ID: 110055365634

Statutes cited

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

Enforcement conclusions (1)

• E.I. DU PONT DE NEMOURS AND COMPANYentered 2013-06-11

  Primary law: EPCRA

  Federal penalty: $18,281 · SEP: $68,555

Timeline (4 milestones)

• 2013-06-11Complaint Filed/Proposed Order
• 2013-06-11Final Order Issued
• 2013-06-21Enforcement Action Data Entered
• 2013-07-16Enforcement Action Closed