EPA v. MISSISSIPPI POWER COMPANY

Case summary

4/14/15 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $5,785 (CERCLA VIOLATION - $2892 AND EPCRA VIOLATION $2893). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: VIOLATION OF 103(a) OF CERCLA: ON FEBRUARY 28, 2014, A RELEASE OF AMMONIA ABOVE THE RQ OCCURRED AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS, BY FAILING IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIA IN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. VIOLATION OF SECTION 304(a) OF EPCRA: EPA ALLEGES 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 KNOWLEDGEOF THE RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• MISSISSIPPI POWER COMPANYNamed in complaintNamed in settlement

Facilities (1)

• MMC MATERIALS INC - KEMPER COUNTY PLANT

  5935 HWY 493, DEKALB, MS, 39328

  Registry ID: 110055498322

Statutes cited

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

Enforcement conclusions (1)

• MISSISSIPPI POWER COMPANYentered 2015-04-14

  Primary law: EPCRA

  Federal penalty: $5,785

Timeline (3 milestones)

• 2015-04-14Final Order Issued
• 2015-04-14Complaint Filed/Proposed Order
• 2015-04-24Enforcement Action Data Entered