EPA v. ALLTECH, INC.

Case summary

3/7/17 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $17,290 (EPCRA VIOLATION $11,527 AND CERCLA VIOLATION $5,763). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: VIOLATION OF SECTION 103(a) OF CERCLA ON JUNE 12, 2015, A RELEASE OF AQUEOUS AMMONIA ABOVE THE RQ OCCURRED AT THE FACILITY. THE EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIRMENTS OF SECTION 103(a) OF CERCLA, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AQUEOUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. VIOLATION OF SECTION 304(a) OF EPCRA ON JUNE 15, 2015, A RELEASE OF AQUEOUS AMMONIA ABOVE THE RQ OCCURRED AT THE FACILITY. THE EPA ALLEGES THAT THE RELEASE RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSONS BEYOND THE SITE OR SITES ON WHICH THE FACILITY IS LOCATED. THE EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATOIN 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 AQUEOUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. VIOLATION OF SECTION 304(c) OF EPCRA RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(c) OF EPCRA, BY FAILING TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE SERC AND LEPC WHEN THERE HAD BEEN A RELEASE OF AQUEOUS AMMONIA IN AN AMOUNT EQUAL TO GREATER THAN THE RQ AT THE FACILITY.

Defendants (1)

• ALLTECH, INC.Named in complaintNamed in settlement

Facilities (1)

• ALLTECH INC.

  3031 CATNIP HILL PIKE, NICHOLASVILLE, KY, 40356-9765

  Registry ID: 110003223404

Statutes cited

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

Enforcement conclusions (1)

• ALLTECH, INC.entered 2017-03-07

  Primary law: EPCRA

  Federal penalty: $17,290

Timeline (4 milestones)

• 2017-03-07Final Order Issued
• 2017-03-07Complaint Filed/Proposed Order
• 2017-03-10Enforcement Action Data Entered
• 2017-04-06Enforcement Action Closed