EPA v. MEDTRONIC XOMED, INC.

Case summary

10/7/14 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,753 FOR THE CERCLA VIOLATION AND $5,752 FOR THE EPCRA VIOLATIONS. PENALTY IS DUE WITHIN 30 DAYS. ON SEPT 5, 2013, A RELEASE OF ETHYLENE OXIDE ABOVE THE RQ OCCURRED AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENT OF CERCLA 103(a) AND THE APPLICABLE CERCLA REG, 40 CFR 302.6, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF ETHYLENE OXIDE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA AND THE APPLICABLE EPCRA REGULATIONS OF 40 CFR PART 355, SUBPART C, BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF ETHYLENE OXIDE IN AN AMOUNT EQUAL TO OR GREATER THAN THE REPORTABLE QUANTITY (RQ) AT RESPONDENT'S FACILITY.

Defendants (1)

• MEDTRONIC XOMED, INC.Named in complaintNamed in settlement

Facilities (4)

• XOMED SURGICAL PRODUCTS INCORPORATED

  6743 SOUTHPOINT DR. N., JACKSONVILLE, FL, 32216

  Registry ID: 110000361992

• XOMED SURGICAL PRODUCTS INCORPORATED

  6743 SOUTHPOINT DR. N., JACKSONVILLE, FL, 32216

  Registry ID: 110000361992

• XOMED SURGICAL PRODUCTS INCORPORATED

  6743 SOUTHPOINT DR. N., JACKSONVILLE, FL, 32216

  Registry ID: 110000361992

• XOMED SURGICAL PRODUCTS INCORPORATED

  6743 SOUTHPOINT DR. N., JACKSONVILLE, FL, 32216

  Registry ID: 110000361992

Statutes cited

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

Enforcement conclusions (1)

• MEDTRONIC XOMED, INC.entered 2014-10-07

  Primary law: EPCRA

  Federal penalty: $11,505

Timeline (4 milestones)

• 2014-10-07Final Order Issued
• 2014-10-07Complaint Filed/Proposed Order
• 2014-11-10Enforcement Action Closed
• 2014-12-10Enforcement Action Data Entered