EPA v. FORTRON INDUSTRIES, LLC

Case summary

1/25/18 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $6322 (CERCLA PENALTY $3161 AND EPCRA $3161). RESPONDENT SHALL MAKE WITHIN THIRTY DAYS. VIOLATION OF CERCLA SECTION 103(a) ON JANUARY 17, 2016, THERE WAS A RELEASE OF P-DICHLOROBENZENE ABOVE THE RQ INTO THE ENVIRONMENT FROM RESPONDENT'S FACILITY. THE EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a), BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF P-DICHLOROBENZENE IN AMOUNT EQUAL TO OR GREATER THAN RQ AT RESPONDENT'S FACILITY. VIOLATIONS OF SECTION 304(a) EPCRA ON JANUARY 17, 2016, THERE WAS A RELEASE OF P-DICHLOROBENZENE ABOVE THE RQ INTO THE ENVIRONMENT FROM RESPONDENT'S FACILITY. THE EPA ALLEGES THAT THE RELEASES 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 NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA, BY FAILING TO IMMEIDATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF P-DICHLOROBENZENE IN AN AMONT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• FORTRON INDUSTRIES, LLCNamed in complaintNamed in settlement

Facilities (4)

• FORTRON INDUSTRIES

  4600 U.S. HWY 421 N, WILMINGTON, NC, 28401

  Registry ID: 110009842536

• FORTRON INDUSTRIES

  4600 U.S. HWY 421 N, WILMINGTON, NC, 28401

  Registry ID: 110009842536

• FORTRON INDUSTRIES

  4600 U.S. HWY 421 N, WILMINGTON, NC, 28401

  Registry ID: 110009842536

• FORTRON INDUSTRIES

  4600 U.S. HWY 421 N, WILMINGTON, NC, 28401

  Registry ID: 110009842536

Statutes cited

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

Enforcement conclusions (1)

• FORTRON INDUSTRIES, LLCentered 2018-01-25

  Primary law: EPCRA

  Federal penalty: $6,322

Timeline (4 milestones)

• 2018-01-25Complaint Filed/Proposed Order
• 2018-01-25Final Order Issued
• 2018-01-30Enforcement Action Data Entered
• 2018-05-21Enforcement Action Closed