EPA v. UNION ELECTRIC COMPANY (A/K/A AMERENUE)

Case summary

ON DECEMBER 27, 2000, AT 10:00 A. AMEREN CORPORATION, UNION ELECTRIC, 701 MAIN STREET, VENICE, ILLINOIS HAD A 1,170 GALLON RLEASE OF FERRIC SULFATE SOLUTION. THE 1.170 GALLONS WOULD EQUAL ABOUT 5.973 POUND OF PURE FERRIC SULFATE. FERRIC SULFATE IS A HAZARDOUS SUBSTANCE UNDER THE COMPREHEN- SIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT WITH A 1,000-POUND REPORTABLE QUANTITY (RQ). THIS RELEASE IS ALMOST SIX TIMES THE RQ. THE PERSON IN CHARGE OF THE FACILITY CALLED THE ANTIONAL RESPONSE CENTER ON DECEMBER 27, 2000, AT 2:15 PM, OR 4 HOURS AND 15 MINUTES AFTER KNOWLEDGE OF THE RELEASE. THIS RELEASE IMPACTED THE GRAVEL AND SOIL AROUND THE POINT OF THE RELEASE. FERRIC SULFATE IS NOT A VOLATILE CHEMICAL. THIS IS THEIR SECOND CERCLA VIOLATION. ON NOVEMBER 13, 1997, U.S. EPA FILED A CONSENT AGREEMENY AND CONSENT ORDER FOR VIOLATIONS OF THE COMPREHENSIVE ENVIRON- MENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT DOCKET NUMBER 5-CERCLA-97-003. THEY FAILED TO IMMEDIATELY NOTIFY THE NATIONAL RESPONSE CENTER OF A SULFURIC ACID RELEASE INTO THE ENVIRONMENT. ON DECEMBER 27, 2000, AT 10:00 A.M., THE FACILITY FAILED TO PROMPTLY REPORT A 5,973 POUND RELEASE OF FERRIC SULFATE, A CERCLA HAZARDOUS SUBSTANCE. THE RELEASE OCCURRED WHEN A PLASTIC PIPE THAT WAS CONNECTED TO A STORAGE TANK DEVELOPED A STRESS CRACK AND THE CONTENTS OF THE TANK EMPTIED ONTO THE GROUND. THE RELEASE DID NOT LEAVE THE FACILITY BOUNDARIES.

Defendants (2)

• AMERENUE CORPORATIONNamed in complaintNamed in settlement
• UNION ELECTRIC COMPANYNamed in settlement

Facilities (1)

• HENRY TECHNOLOGIES INCORPORATED

  701 SOUTH MAIN STREET, CHATHAM, IL, 62629

  Registry ID: 110042005834

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• UNION ELECTRIC COMPANYentered 2002-01-10

  Primary law: CERCLA

  Federal penalty: $14,824

Timeline (4 milestones)

• 2001-07-09Enforcement Action Data Entered
• 2001-08-27Complaint Filed/Proposed Order
• 2002-01-10Final Order Issued
• 2002-01-18Enforcement Action Closed