EPA v. GREEN RIVER VALLEY WATER DISTRICT

Case summary

8/13/2020- EXPEDITED SETTLEMENT AGREEMENT ISSUED ASSESSING A PENALTY OF $3,680. PENALTY DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY LOCATED AT 4665 NORTH JACKSON HIGHWAY, MUNFORDVILLE, KENTUCKY, ON AUGUST 13, 2019, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT?S SECTION 112(R)(7), CHEMICAL ACCIDENT PREVENTION PROVISIONS, 42 U.S.C. ? 7412(R)(7), WHEN AT THE TIME OF INSPECTION RESPONDENT DID NOT PROVIDE EVIDENCE THAT: IT ESTABLISHED A SYSTEM TO PROMPTLY ADDRESS THE PROCESS HAZARD ANALYSIS (PHA) TEAM'S FINDINGS AND RECOMMENDATIONS; IT ASSURED THAT THE RECOMMENDATIONS WERE RESOLVED IN A TIMELY MANNER AND DOCUMENTED; IT DOCUMENTED WHAT ACTIONS WERE TO BE TAKEN; IT COMPLETED ACTIONS AS SOON AS POSSIBLE; IT DEVELOPED A WRITTEN SCHEDULE OF WHEN THESE ACTIONS WERE TO BE COMPLETED; AND IT COMMUNICATED THE ACTIONS TO OPERATING, MAINTENANCE, AND OTHER EMPLOYEES WHOSE WORK ASSIGNMENTS WERE IN THE PROCESS AND WHO MAY BE AFFECTED BY THE RECOMMENDATIONS, AS REQUIRED BY 40 C.F.R. ? 68.67(E); IT UPDATED AND REVALIDATED ITS PHA AT LEAST EVERY FIVE (5) YEARS AFTER THE COMPLETION OF THE INITIAL PHA TO ASSURE THAT THE PHA WAS CONSISTENT WITH THE CURRENT PROCESS, AS REQUIRED BY 40 C.F.R. ? 68.67(F); IT CERTIFIED ANNUALLY THAT ITS OPERATING PROCEDURES WERE CURRENT AND ACCURATE AND THAT THE PROCEDURES WERE REVIEWED AS OFTEN AS NECESSARY, AS REQUIRED BY 40 C.F.R. ? 68.69(C); IT DEVELOPED AND IMPLEMENTED SAFE WORK PRACTICES TO PROVIDE FOR THE CONTROL OF HAZARDS DURING SPECIFIC OPERATIONS, SUCH AS LOCKOUT/TAGOUT, AS REQUIRED BY 40 C.F.R. ? 68.69(D); IT PERFORMED A PRE-STARTUP SAFETY REVIEW AFTER THE FACILITY INSTALLED A NEW CHLORINE SENSOR, BECAUSE THE MODIFICATION WAS SIGNIFICANT ENOUGH TO REQUIRE A CHANGE IN THE PROCESS SAFETY INFORMATION AS REQUIRED BY 40 CFR ? 68.77(B)(3); IT CERTIFIED THAT IT EVALUATED COMPLIANCE WITH THE PROVISIONS OF THE PREVENTION PROGRAM AT LEAST EVERY THREE YEARS TO VERIFY THAT THE DEVELOPED PROCEDURES AND PRACTICES ARE ADEQUATE AND BEING FOLLOWED, AS REQUIRED BY 40 C.F.R. ? 68.79(A); IT DEVELOPED AND IMPLEMENTED SAFE WORK PRACTICES CONSISTENT WITH ? 68.69(D) TO CONTROL THE ENTRANCE, PRESENCE, AND EXIT OF THE CONTRACT OWNER OR OPERATOR AND CONTRACT EMPLOYEES IN THE COVERED PROCESS AREAS, AS REQUIRED BY 40 C.F.R ? 68.87(B)(4); AND IT UPDATED THE EMERGENCY CONTACT INFORMATION REQUIRED BY 40 C.F.R. ? 68.160(B)(6) WITHIN THIRTY DAYS OF A CHANGE TO THE EMERGENCY CONTACT BY SUBMITTING THE CORRECTED INFORMATION, AS REQUIRED BY 40 C.F.R. ? 68.195(B).

Defendants (1)

• GREEN RIVER VALLEY WATER DISTRICTNamed in complaintNamed in settlement

Facilities (2)

• GREEN RIVER VALLEY WATER DISTRICT

  4665 N JACKSON HWY, MUNFORDVILLE, KY, 42765

  Registry ID: 110006646013

• GREEN RIVER VALLEY WATER DISTRICT

  4665 N JACKSON HWY, MUNFORDVILLE, KY, 42765

  Registry ID: 110006646013

Statutes cited

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

Enforcement conclusions (1)

• GREEN RIVER VALLEY WATER DISTRICTentered 2020-08-13

  Primary law: CAA

  Federal penalty: $3,680

Timeline (4 milestones)

• 2020-08-13Final Order Issued
• 2020-08-13Complaint Filed/Proposed Order
• 2020-08-31Enforcement Action Data Entered
• 2020-09-03Enforcement Action Closed