EPA v. CREE, INC.

Case summary

6/10/2014 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $17,290 (CERCLA VIOLATION - $2,883 AND EPCRA VIOLATION - $14,407). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: VIOLATION OF CERCLA 103(a) ON MAY 28, 2013, RESPONDENT HAD A RELEASE OF AMMONIA 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 AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. VIOLATIONS OF 304(a) EPCRA ON MAY 28, 2013, RESPONDENT HAD A RELEASE OF AMMONIA ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT THE RELEASE RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSONS BEYOND THE SITE OR SITES ON WHICH THE FACILITY IS LOCATED. EPA ALLEGES THAT 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 A RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. VIOLATIONS OF SECTION 304(c) OF EPCRA ON MAY 28, 2013, RESPONDENT RESPONDENT HAD A RELEASE OF AMMONIA ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT THE RELEASE RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSONS BEYOND THE SITE OR SITES ON WHICH THE FACILITY IS LOCATED. 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 HAS BEEN A RELEASE OF A CERCLA HAZARDOUS SUBSTANCE OR AN EPCRA EXTREMELY HAZARDOUS SUBSTANCE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• CREE, INC.Named in complaintNamed in settlement

Facilities (1)

• CREE INC

  4600 SILICON DRIVE, DURHAM, NC, 27703-8475

  Registry ID: 110000347321

Statutes cited

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

Enforcement conclusions (1)

• CREE, INC.entered 2014-06-10

  Primary law: EPCRA

  Federal penalty: $17,290

Timeline (4 milestones)

• 2014-06-10Complaint Filed/Proposed Order
• 2014-06-10Final Order Issued
• 2014-06-11Enforcement Action Closed
• 2014-06-12Enforcement Action Data Entered