EPA v. THE WATER WORKS AND SANITARY SEWER BOARD OF THE CITY OF MONTGOMERY

Case summary

9/3/2014 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $12,600. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ORDER ALLEGES: BASED ON AN RMPROGRAM COMPLIANCE MONITORING INVESTIGATION CONDUCTED BY EPA ON JUNE 6, 2012. EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CODIFIED RULES GOVERNING THE CAA CHEMICAL ACCIDENT PREVENTION PROVISIONS BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENT PROVISIONS OF 40 CFR PART 68 WHEN IT: C.T. PERRY WATER TREATMENT PLANT FAILED TO EVALUATE COMPLIANCE WITH ALL PROGRAM PREVENTION 2 PROVISIONS AT LEAST EVERY THREE YEARS AS REQUIRED BY 40 CFR SECTION 68.58(g). DAY STREET PUMPING STATION FAILED TO EVALUATE COMPLIANCE WITH ALL PROGRAM PREVENTION 2 PROVISIONS AT LEAST EVERY THREE YEARS AS REQUIRED BY 40 CFR SECTION 68.58(g); ECONCHATE WATER POLLUTION CONTROL PLANT FAILED TO UPDATE THE HAZARD REVIEW AT LEAST ONCE EVERY FIVE YEARS OR WHENEVER A MAJOR CHANGE IN THE CHLORINE PROCES OCCURRED AS REQUIRED BY 40 CFR SECTION 68.50(d); FAILED TO PROVIDE REFRESHER TRAINING AT LEAST EVERY THREE YEARS, TO EACH EMPLOYEE OPERATING A PROCESS AS REQUIRED BY 40 CFR SECTION 68.54(b); FAILED TO EVALUATE COMPLIANCE WITH ALL PROGRAM PREVENTION 2 PROVISIONS AT LEAST EVERY THREE YEARS AS REQUIRED BY 40 CFR SECTON 68.58(g); CATOMA WATER POLLUTION CONTROL PLANT FAILED TO PROVIDE REFRESHER TRAINNG AT LEAST EVERY THREE YEARS, TO EACH EMPLOYEE OPERATING A PROCESS AS REQUIRED BY 40 CFR SECTION 68.54(b); FAILED TO EVALUATE COMPLIANCE WITH ALL PROGRAM PREVENTION 2 PROVISIONS AT LEAST EVERY THREE YEARS AS REQUIRED BY 40 CFR SECTION 68.58(g);

Defendants (1)

• THE WATER WORKS AND SANITARY SEWER BOARD OF THE CINamed in complaintNamed in settlement

Facilities (5)

• ECONCHATE PLANT

  2501 JACKSON FERRY ROAD, MONTGOMERY, AL, 36104

  Registry ID: 110055975592

• C. T. PERRY WATER TREATMENT PLANT

  5301 JACK DRIVE, MONTGOMERY, AL, 36110-2844

  Registry ID: 110000509334

• CATOMA WATER POLLUTION CONTROL PLANT (WPCP)

  6000 RICHARD E. HANAN DRIVE, MONTGOMERY, AL, 36108-6110

  Registry ID: 110064421460

• MONTGOMERY ENCONCHATE WWTP

  2501 JACKSON FERRY ROAD, MONTGOMERY, AL, 36104

  Registry ID: 110055975592

• MONTGOMERY W&S BOARD/NEW CATOMA WTP

  2350 DAY STREET, MONTGOMERY, AL, 36108

  Registry ID: 110000509343

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• THE WATER WORKS AND SANITARY SEWER BOARD OF THE CITY OF MONTGOMERYentered 2014-09-03

  Primary law: CAA

  Federal penalty: $12,600 · SEP: $50,000

Timeline (4 milestones)

• 2014-09-03Final Order Issued
• 2014-09-03Complaint Filed/Proposed Order
• 2014-09-05Enforcement Action Data Entered
• 2014-09-26Enforcement Action Closed