EPA v. THE BRUSS COMPANY

Case summary

12/4/2014 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $5,785 (CERCLA VIOLATION - $2,892 AND EPCRA VIOLATION $2,893). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: VIOLATION OF SECTION 103(a) OF CERCLA ON DECEMBER 21, 2013, A RELEASE OF AMMONIA ABOVE THE RQ OCCURRED 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 OFTHE RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. VIOLATIONS OF SECTION 304(a) OF EPCRA ON DECEMBER 21, 2013, A RELEASE OF AMMONIA ABOVE THE RQ OCCURRED 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 THE RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• THE BRUSS COMPANYNamed in complaintNamed in settlement

Facilities (1)

• THE BRUSS CO

  5441 W 5TH ST, JACKSONVILLE, FL, 32254

  Registry ID: 110054110859

Statutes cited

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

Enforcement conclusions (1)

• THE BRUSS COMPANYentered 2014-12-04

  Primary law: EPCRA

  Federal penalty: $5,785

Timeline (4 milestones)

• 2014-12-04Final Order Issued
• 2014-12-04Enforcement Action Closed
• 2014-12-04Complaint Filed/Proposed Order
• 2014-12-10Enforcement Action Data Entered