EPA v. VIBRACOUSTIC USA, INC.

Case summary

APRIL 21, 2025 - CONSENT AGREEMENT On June 2, 2022, and March 13, 2023, releases of Xylene above the RQ under CERCLA occurred at the Facility. Also, on March 11, 2024, a release of Hydrochloric Acid above the RQ under CERCLA occurred at the Facility. Respondent failed to immediately notify the NRC as soon as Respondent had knowledge of the releases of Xylene and Hydrochloric Acid in amounts equal to or greater than their RQs at Respondent's Facility. Respondent is a person and was a person in charge of the Facility which is a facility, as those terms are defined under CERCLA, during the relevant period described herein. Respondent violated the notification requirement of Section 103(a) of CERCLA, 42 U.S.C. ? 9603(a), and the applicable regulation, 40 C.F.R. ? 302.6, by failing to immediately notify the NRC as soon as Respondent had knowledge of the June 2, 2022, and March 13, 2023, releases of Xylene, and of the March 11, 2024, release of Hydrochloric Acid, in amounts equal to or greater than their RQ at Respondent's Facility and is therefore subject to the assessment of penalties under Section 109 of the CERCLA, 42 U.S.C. ? 9609. Respondent agrees to a civil penalty in the amount of $32,701.00 ( Assessed Penalty ), to be paid within thirty (30) calendar days after the Effective Date of this CAFO.

Defendants (1)

• VIBRACOUSTIC USA, INC.Named in complaintNamed in settlement

Facilities (1)

• VIBRACOUSTIC USA, INC.

  3408 WEST, US-60, MORGANFIELD, KY, 42437

  Registry ID: 110071720498

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• VIBRACOUSTIC USA, INC.entered 2025-04-21

  Primary law: CERCLA

  Federal penalty: $32,701

Timeline (3 milestones)

• 2025-04-21Complaint Filed/Proposed Order
• 2025-04-21Final Order Issued
• 2025-05-14Enforcement Action Data Entered