EPA v. JEFFERSON COUNTY, ALABAMA (VILLAGE CREEK WWTP)

Case summary

11/18/2014 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $12,950, DUE WITHIN 30 DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ALLEGATIONS: BASED ON AN RMPROGRAM COMPLIANCE MONITORING INVESTIGATION INITIATED ON FEB 15, 2013, EPA ALLEGES THAT 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: - FAILED TO DOCUMENT THE MAXIMUM INTENDED INVENTORY OF EQUIPMENT IN WHICH THE REGULATED SUBSTANCES ARE STORED OR PROCESSED AS REQUIRED BY 40 CFR 68.48(a)(2); - FAILED TO UPDATE INFORMATION IF A MAJOR CHANGE HAS OCCURRED THAT MADE THE INFO INACCURATE AS REQUIRED BY 40 CFR 68.48(c); - FAILED TO UPDATE THE HAZARD REVIEW AT LEAST ONCE EVERY 5 YEARS OR WHENEVER A MAJOR CHANGE IN THE CHLORINE PROCESS OCCURRED AS REQUIRED BY 40 CFR 68.50(d); - FAILED TO UPDATE THE HAZARD REVIEW AT LEAST ONCE EVERY 5 YEARS OR WHENEVER A MAJOR CHANGE IN THE SULFUR DIOXIDE PROCESS OCCURRED AS REQUIRED BY 40 CFR 68.50(d); - FAILED TO ADDRESS IN THE OPERATING PROCEDURES, CONSEQUENCES OF DEVIATIONS AND STEPS REQUIRED TO CORRECT OR AVOID DEVIATIONS AS REQUIRED BY 40 CFR 68.52(b); - FAILED TO CERTIFY THAT EACH EMPLOYEE PRESENTLY OPERATING A PROCESS, AND EACH NEWLY ASSIGNED EMPLOYEE TO A COVERED PROCESS HAS BEEN TRAINED OR TESTED COMPETENT IN OPERATING PROCEDURES PROVIDED IN 40 CFR 68.52 THAT PERTAIN TO THEIR DUTIES AS REQUIRED BY 40 CFR 68.54(a); - FAILED TO TRAIN OR CAUSED TO BE TRAINED EACH EMPLOYEE, INVOLVED IN MAINTAINING THE ON-GOING MECHANICAL INTEGRITY OF THE PROCESS, IN THE HAZARDS OF THE PROCESS, IN HOW TO AVOID OR CORRECT UNSAFE CONDITIONS, AND IN THE PROCEDURES APPLICABLE TO THE EMPLOYEE'S JOB TASKS AS REQUIRED BY 40 CFR 68.56(b); - FAILED TO PROVIDE DOCUMENTATION THAT EVERY MAINTENANCE CONTRACTOR ENSURED THAT EACH MAINTENANCE EMPLOYEE WAS TRAINED TO PERFORM THE MAINTENANCE PROCEDURES DEVELOPED AS REQUIRED BY 40 CFR 68.56(c); - FAILED TO CERTIFY THAT COMPLIANCE AUDITS WERE CONDUCTED AT LEAST EVERY 3 YRS TO VERIFY THAT PROCEDURES AND PRACTICES WERE ADEQUATE AND ARE BEING FOLLOWED AS REQUIRED BY 40 CFR 68.58.(a); - FAILED TO DEVELOP A REPORT OF THE COMPLIANCE AUDIT'S FINDINGS AS REQUIRED BY 40 CFR 68.58(c); - FAILED TO INCLUDE I THE SINGLE REGISTRATION FORM, FOR EACH COVERED PROCESS, THE MAXIMUM QUANTITY OF EACH REGULATED SUBSTANCE IN THE PROCESS AS REQUIRED BY 40 CFR 68.106(b)(7).

Defendants (1)

• JEFFERSON COUNTY, ALABAMANamed in complaintNamed in settlement

Facilities (1)

• VILLAGE CREEK WWTP

  1440 PLEASANT HILL ROAD, BIRMINGHAM, AL, 35224

  Registry ID: 110024539132

Statutes cited

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

Enforcement conclusions (1)

• JEFFERSON COUNTY, ALABAMA (VILLAGE CREEK WWTP)entered 2014-11-18

  Primary law: CAA

  Federal penalty: $12,950 · SEP: $53,880

Timeline (5 milestones)

• 2014-11-18Final Order Issued
• 2014-11-18Complaint Filed/Proposed Order
• 2014-11-19Air Resolved
• 2014-11-19Enforcement Action Closed
• 2014-12-04Enforcement Action Data Entered