EPA v. SWIFT LUMBER COMPANY, INC.

Case summary

5/14/13 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $100, DUE WITHIN 30 DAYS. ALLEGATIONS: ON DEC 29, 2011, RESPONDENT HAD A RELEASE OF ARSENIC ACID ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA 103(a) AND THE APPLICABLE CERCLA REGS, 40 CFR 302.6, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF CHROMIC ACID AND ARSENIC IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. RESPONDENT DID MAKE A TIMELY NOTIFICATION TO REPRESENTATIVES OF THE ALABAMA DEPT OF ENVIRONMENTAL MANAGEMENT AS REQUIRED BY THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW.

Defendants (1)

• SWIFT LUMBER, INC.Named in complaintNamed in settlement

Facilities (1)

• SWIFT LUMBER INC

  1450 SWIFT MILL ROAD, ATMORE, AL, 36502-1017

  Registry ID: 110003031772

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• SWIFT LUMBER COMPANY, INC.entered 2013-05-14

  Primary law: CERCLA

  Federal penalty: $100

Timeline (4 milestones)

• 2013-05-14Complaint Filed/Proposed Order
• 2013-05-14Final Order Issued
• 2013-05-15Enforcement Action Closed
• 2013-05-16Enforcement Action Data Entered