EPA v. THE GOVERNMENTAL UTILITY SERVICE CORPORATION

Case summary

7/19/16 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1,860. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN DAYS. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY ON MARCH 12, 2015, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM, WHEN AT THE TIME OF INSPECTION, RESPONDENT DID NOT PROVIDE EVIDENCE THAT: THE OWNER OR OPERATOR HAD DOCUMENTATION OF OTHER PERSONS RESPONSIBLE FOR IMPLEMENTING INDIVIDUAL REQUIREMENTS OF THE RISK MANAGEMENT PROGRAM AND DEFINED THE LINES OF AUTHORITY THROUGH AN ORGANZATION CHART OR SIMILAR DOCUMENT WHEN RESPONSIBILITY FOR IMPLEMENTING INDIVIDUAL REQUIREMENTS OF THE RISK MANAGMENT PROGRAM IS ASSIGNED TO PERSONS OTHER THAN THE PERSON IDENTIFIED PURSUANT TO 40 CFR SECTION 68.15(b) AS REQUIRED BY 40 CFR SECTION 68.15(c); AN EMPLOYEE HAD BEEN TRAINED IN THE OPERATING PROCEDURES PROVIDED IN 40 CFR SECTION 68.52 AS REQUIRED BY 40 CFR SECTION 68.54(a); AND THE SINGLE REGISTRATION FORM, FOR THE PROCESS AT THIS FACILITY, INCLUDED THE MAXIMUM QUANTITY OF EACH REGULATED SUBSTANCE IN THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.160(b)(7).

Defendants (1)

• THE GOVERNMENTAL UTILITY SERVICE CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• BESSEMER WATER FILTRATION FACILITY

  250 LINK ROAD, BESSEMER, AL, 35023-9643

  Registry ID: 110012992100

Statutes cited

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

Enforcement conclusions (1)

• THE GOVERNMENTAL UTILITY SERVICE CORPORATIONentered 2016-07-19

  Primary law: CAA

  Federal penalty: $1,860

Timeline (4 milestones)

• 2016-07-19Complaint Filed/Proposed Order
• 2016-07-19Final Order Issued
• 2016-07-29Enforcement Action Data Entered
• 2016-08-18Enforcement Action Closed