EPA v. WESTROCK MILL COMPANY, LLC

Case summary

11/22/16 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL OF PENALTY OF $70,455 (CERCLA VIOLATION - $35,228 AND EPCRA VIOLATION - $35,227). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: VIOLATION OF SECTION 103(a) OF CERCLA ON SEPTEMBER 14, 2014, OCTOBER 30, 2014, AND JANUARY 21, 2015, RELEASES OF METHYL MERCAPTAN 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 METHYL MERCAPTAN IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. VIOLATION OF SECTION 304(a) EPCRA ON SEPTEMBER 14, 2014, OCTOBER 30-31, 2014, AND JANUARY 21, 2015, RELEASES OF METHYL MERCAPTAN ABOVE THE RQ OF THE RQ OCCURRED AT THE FACILITY. EPA ALLEGES THAT THE RELEASES RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSON BEYOUND 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 METHYL MERCAPTAN IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• WESTROCK MILL COMPANY, LLCNamed in complaintNamed in settlement

Facilities (3)

• WESTROCK MILL COMPANY, LLC

  3398 HIGHWAY 80 E, DEMOPOLIS, AL, 36732

  Registry ID: 110064120525

• WESTROCK MILL COMPANY, LLC

  3398 HIGHWAY 80 E, DEMOPOLIS, AL, 36732

  Registry ID: 110064120525

• WESTROCK MILL COMPANY, LLC

  3398 HIGHWAY 80 E, DEMOPOLIS, AL, 36732

  Registry ID: 110064120525

Statutes cited

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

Enforcement conclusions (1)

• WESTROCK MILL COMPANY, LLCentered 2016-11-22

  Primary law: EPCRA

  Federal penalty: $70,455

Timeline (4 milestones)

• 2016-11-22Final Order Issued
• 2016-11-22Complaint Filed/Proposed Order
• 2016-11-30Enforcement Action Data Entered
• 2017-01-05Enforcement Action Closed