EPA v. FL, CITY OF PLANT CITY

Case summary

9/19/17 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $51,805 (CERCLA VIOLATION - $17,268 AND EPCRA VIOLATION - $34,537). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: VIOLATION OF SECTION 103(a) OF CERCLA ON APRIL 21, 2015, A RELEASE OF SODIUM HYPOCHLORITE 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 SODIUM HYPOCHLORITE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. VIOLATIONS OF SECTION OF 304(a) OF EPCRA ON APRIL 21, 2015, A RELEASE OF SODIUM HYPOCHLORITE 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 WHCH THE FACILITY IS LOCATED. THE EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIRMENTS 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 SODIUM HYPOCHLORITE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. VIOLATIONS OF SECTION 304(c) OF EPCRA RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS 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 SODIUM HYPOCHLORITE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT THE FACILITY.

Defendants (1)

• FLORIDA, CITY OF PLANT CITYNamed in complaintNamed in settlement

Facilities (1)

• CITY OF PLANT CITY

  2905 AIRPORT ROAD, PLANT CITY, FL, 33563

  Registry ID: 110070107181

Statutes cited

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

Enforcement conclusions (1)

• FL, CITY OF PLANT CITYentered 2017-09-19

  Primary law: EPCRA

  Federal penalty: $51,805

Timeline (3 milestones)

• 2017-09-19Final Order Issued
• 2017-09-19Complaint Filed/Proposed Order
• 2017-09-26Enforcement Action Data Entered