EPA v. THE CITY OF FRANKLIN, KY

Case summary

6/29/2017 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $66,500. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BASED ON EPA'S COMPLIANCE MONITORING INVESTIGATION, THE EPA ALLEGS THAT THE RESPONDENT VIOLATED THE CODIFIED RULES GOVERNING THE ACT'S CHEMICAL ACT PROVENTION PROVISIONS.WHEN IT: A) FAILED TO ASSIGN A QUALIFIED PERSON OR POSITION THAT HAS THE OVERALL RESPONSIBILITY FOR THE DEVELOPMENT, IMPLEMENTATION, AND INTEGRATION OF THE RISK MANAGEMENT PROGRAM ELEMENTS AS REQUIRED BY 40 CFR SECTION 68.15(b); B) FAILED TO DOCUMENT DESIGN CODES AND STANDARDS EMPLOYED AS REQUIRED BY 40 CFR SECTION 68.65(d)(1)(vi); C) FAILED TO DOCUMENT SAFETY SYSTEMS AS REQUIRED BY 40 CFR SECTION 68.65(d)(1)(viii); D) FAILED TO DOCUMENT THAT PIPING COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 CFR SECTION 68.65(d)(2); E) FAILED TO PERFORM AN INITIAL PROCESS HAZARD ANALYSIS AS REQUIRED BY 40 CFR SECTION 68.67(a); F) FAILURE TO CERTIFY ANNUALLY THAT OPERATING PROCEDURES ARE CURRENT AND ACCURATE AS REQUIRED BY 40 CFR SECTION 68.69(c); G) FAILED TO PROVIDE REFRESHER TRAING AT LEAST EVERY THREE YEARS TO EACH EMPLOYEE INVOLVED IN OPERATING PROCESS AS REQUIRED BY 40 CFR SECTON 68.71(b); H) FAILED TO CERTIFY EVALUATION OF COMPLIANCE WITH THE RISK MANAGEMENT PROGRAM PROVISIONS AT LEAST EVERY THREE YEARS AS REQUIRED BY 40 CFR SECTION 68.79(a); AND I) FAILED TO DEVELOP A WRITTEN PLAN OF ACTION REGARDING THE IMPLEMENTAION FO THE EMPLOYEE PARTICIPATION AS REQUIRED BY 40 CFR SECTION 68.83(a).

Defendants (1)

• CITY OF FRANKLINNamed in complaintNamed in settlement

Facilities (1)

• FRANKLIN WASTEWATER TREATMENT PLANT

  3 BLACKJACK ROAD, FRANKLIN, KY, 42134

  Registry ID: 110008973192

Statutes cited

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

Enforcement conclusions (1)

• THE CITY OF FRANKLINentered 2017-06-29

  Primary law: CAA

  Federal penalty: $66,500

Timeline (4 milestones)

• 2017-06-29Final Order Issued
• 2017-06-29Complaint Filed/Proposed Order
• 2017-07-06Enforcement Action Data Entered
• 2017-07-21Enforcement Action Closed