EPA v. OWENSBORO MUNICIPAL UTILITIES

Case summary

1/12/16 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1,980. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN DAYS. ALLEGED VIOLATIONS ON MAY 21, 2014, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROVISIONS, WHEN AT THE TIME OF INSPECTION, RESPONDENT DID NOT PROVIDE EVIDENCE THAT: IT CERTIFIED THAT IT EVALUATED COMPLIANCE WITH THE PROVISIONS OF THE PREVENTION PROGRAM AT LEAST EVERY THREE YEARS TO VERIFY THAT THE DEVELOPED PROCEDURES AND PRACTICES ARE ADEQUATE AND BEING FOLLOWED AS REQUIRED BY 40 CFR SECTION 68.79(a); IT INFORMED CONTRACT OWNER OR OPERATOR OF THE KNOWN POTENTIAL FIRE, EXPLOSION, OR TOXIC RELEASE HAZARDS RELATED TO THE CONTRACTOR'S WORK AND THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.67(b)(2); IT EXPLAINTED TO THE CONTRACT OWNER OR OPERATOR THE APPLICABLE PROVISIONS OF THE EMERGENCY RESPONSE OR THE EMERGENCY ACTION PROGRAM AS REQUIRED BY 40 CFR SECTION 68.87(b)(3); IT PERIODICALLY EVALUATED THE PERFORMANCE OF THE CONTRACT OWNER OR OPERATOR IN FULFILLING THEIR OBLIGATIONS AS REQUIRED BY 40 CFR SECTION 68.67(b)(5).

Defendants (1)

• OWENSBORO MUNICIPAL UTILITIESNamed in complaintNamed in settlement

Facilities (1)

• WATER PLANT A

  1531 EAST FOURTH STREET, OWENSBORO, KY, 42303-0137

  Registry ID: 110000563319

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• OWENSBORO MUNICIPAL UTILITIESentered 2016-01-12

  Primary law: CAA

  Federal penalty: $1,980

Timeline (4 milestones)

• 2016-01-12Final Order Issued
• 2016-01-12Complaint Filed/Proposed Order
• 2016-01-14Enforcement Action Data Entered
• 2016-02-03Enforcement Action Closed