EPA v. REPUBLIC METALS CORPORATION

Case summary

12/15/15 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $48,750 (CERCLA VIOLATION - $$24,375 AND EPCRA VIOLATION $24,375). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: CERCLA 103(a) VIOLATION: ON JUNE 10 2014, A RELEASE OF NITROGEN OXIDE 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 OF THE RELEASE OF NITROGEN OXIDE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. VIOLATION OF EPCRA SECTION 304(a) ON JUNE 10, 2014, A RELEASE OF NITROGEN OXIDE 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 304(a) OF EPCRA, BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF NITROGEN OXIDE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• REPUBLIC METALS CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• REPUBLIC METALS CORP

  12900 N.W. 38TH AVENUE, OPA LOCKA, FL, 33054-4527

  Registry ID: 110000363632

• REPUBLIC METALS CORP

  12900 N.W. 38TH AVENUE, OPA LOCKA, FL, 33054-4527

  Registry ID: 110000363632

Statutes cited

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

Enforcement conclusions (1)

• REPUBLIC METALS CORPORATIONentered 2015-12-15

  Primary law: EPCRA

  Federal penalty: $48,750

Timeline (4 milestones)

• 2015-12-15Final Order Issued
• 2015-12-15Complaint Filed/Proposed Order
• 2015-12-22Enforcement Action Data Entered
• 2016-01-19Enforcement Action Closed