EPA v. THE WATER WORKS AND SEWER BOARD OF THE CITY OF GADSDEN

Case summary

3/9/17 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $19,600. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BASED ON THE EPA'S COMPLIANCE MONITORING INVESTIGATION, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CODIFIED RULES GOVERNING THE ACT'S CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENT PROVISIONS OF 40 CFR PART 68 WHEN IT: FAILED TO COMPILE AND MAINTAIN UP-TO-DATE SAFETY INFORMATION RELATED TO THE EQUIPMENT SPECIFICATIONS FOR THE CHLORINE PROCESS, AS REQUIRED BY 40 CFR SECTION 68.48(a)(4); FAILED TO ENSURE THAT THE PROCESS IS DESIGNED IN COMPLIANCE WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES, AS REQUIRED BY 40 CFR SECTION 68.48(b); FAILED TO PROMPTLY DETERMINE AND DOCUMENT AN APPROPRIATE RESPONSE TO EACH OF THE FINDINGS OF THE COMPLIANCE AUDIT AND DOCUMENT THAT DEFICIENCIES HAVE BEEN CORRECTED, AS REQUIRED BY 40 CFR SECTION 68.58(d); FAILED TO PROMPTLY ADDRESS AND RESOLVE THE INVESIGATION FINDINGS AND RECOMMENDATIONS, AND DOCUMENT RESOLUTIONS AND CORRECTIVE ACTIONS TAKEN, AS REQUIRED BY 40 CFR SECTION 68.60(d); AND; FAILED TO CORRECT AND UPDATE THE RISK MANAGEMENT PLAN (RMP) WITHIN SIX MONTHS TO INCLUDE NEW ACCIDENT HISTORY, AS REQUIRED BY 40 CFR SECTION 68.195(a).

Defendants (1)

• THE WATER WORKS AND SEWER BOARD OF CITY OF GADSDENNamed in complaintNamed in settlement

Facilities (1)

• WATER TREATMENT PLANT

  625 ALBERT RAINS BOULEVARD, GADSDEN, AL, 35901

  Registry ID: 110000756101

Statutes cited

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

Enforcement conclusions (1)

• THE WATER WORKS AND SEWER BOARD OF THE CITY OF GADSDENentered 2017-03-09

  Primary law: CAA

  Federal penalty: $19,600

Timeline (4 milestones)

• 2017-03-09Complaint Filed/Proposed Order
• 2017-03-09Final Order Issued
• 2017-03-24Enforcement Action Data Entered
• 2017-03-28Enforcement Action Closed