EPA v. METRO RECOVERY SYSTEMS

Case summary

A RELEASE OF APPROXIMTELY 1840 POUNDS OF ANHYDROUS AMMONIA WAS RELEASEDFROM THE FACILITY INTO THE AIR ON JANUARY 11, 1992. THE RELEASE WASDISCOVERED AROUND 11:00 AM ON THAT DATE. TWO EMPLOYEES AT THE PLANTNOTICED OR HAD CALLED TO THEIR ATTENTION, THE SMELLS OF AMMONIA. THEYTOOK NO ACTION, HOWEVER, AND A SOMEONE AT A NEIGHBORING FACILITY CALLEDIN THE ODOR TO THE FIRE DEPARTMENT AT ABOUT THIS SAME TIME. THE FIREDEPARTMENT ARRIVED BUT WAS UNABLE TO CONTACT THE PLANT MANAGER UNTILAROUND 1:00 P.M. THE FACILITY DID NOT NOTIFY THE NRC UNTIL 1930 HOURS(7:30 PM), NOR THE MINNESOTAT EMERGENCY RESPONSE COMMISSION UNTIL 1845HOURS (6:45 P.M.). THE RESPONDENT SUBMITTED A WRITTEN NOTIFICATION ONFEBRUARY 5, 1992, THE COMPLAINT ALLEGES THE RESPONDENTFAILED TO NOTIFY THE NRC AND MERC IMMEDIATELY AND THATWRITTEN NOTIFICATION WAS LATE.

Defendants (2)

• METRO RECOVERY SERVICESNamed in complaintNamed in settlement
• U.S. FILTER RECOVERY SERVICES, INC.Named in complaintNamed in settlement

Facilities (1)

• US FILTER RECOVERY SERVICES INCORPORATED

  2430 ROSE PL., ROSEVILLE, MN, 55113

  Registry ID: 110000424354

Statutes cited

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

Enforcement conclusions (1)

• METRO RECOVERY SYSTEMSentered 1995-03-21

  Primary law: EPCRA

  Federal penalty: $70,000

Timeline (4 milestones)

• 1994-03-23Enforcement Action Data Entered
• 1994-03-23Complaint Filed/Proposed Order
• 1995-03-21Final Order Issued
• 1995-05-01Enforcement Action Closed