EPA v. CITY OF LEXINGTON-LEXINGTON UTILITIES

Case summary

9/12/2013 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6,638 (CERCLA VIOLATION - $2,213 AND EPCRA VIOLATION $4,425). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE SEP. ORDER ALLEGES: VIOLATION OF 103(a) OF CERCLA 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 OFTHE RLEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. VIOLATIoN OF SECTION 304(c) OF EPCRA 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 CHLORINE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. VIOLATION OF SECTION 304(c) OF EPCRA RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(c) OF EPCRA, BY FAILING TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE LEPC WHEN THERE HAD BEEN A RELEASE CHLORINE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• CITY OF LEXINGTON-LEXINGTON UTILITIESNamed in complaintNamed in settlement

Facilities (1)

• LEXINGTON WATER SYSTEMS

  677 SOUTH MAIN STREET, LEXINGTON, TN, 38351

  Registry ID: 110056140484

Statutes cited

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

Enforcement conclusions (1)

• CITY OF LEXINGTON-LEXINGTON UTILITIESentered 2013-09-12

  Primary law: EPCRA

  Federal penalty: $6,638 · SEP: $24,891

Timeline (4 milestones)

• 2013-09-12Final Order Issued
• 2013-09-12Complaint Filed/Proposed Order
• 2013-09-17Enforcement Action Data Entered
• 2013-09-26Enforcement Action Closed