EPA v. U.S. Aluminate Company, Inc.

Case summary

On July 18, 2003, at 9:00 a.m. the facility had a release of 44,987 pounds of 50% sodium hydroxide solution into the environment. Sodium hydroxide is a hazardous substance under CERCLA with an RQ of 1,000 pounds. The person in charge of the facility notified the National Response Center on July 23, 2003 or 5 days, 5 hours and 42 minutes after the release. The owner/operator notified the State Emergency Response Commission during the moring hours on July 23, 2003 and they never contacted the Local Emergency Planning Committee. The owner/operator never provided the LEPC with a written follow-up report snd they provided the SERC with the written follow-up report on August 13, 2003.

Defendants (1)

• U.S. Aluminate Company, Inc.Named in complaintNamed in settlement

Facilities (1)

• U.S. ALUMINATE COMPANY, INC.

  3050 LAKE ROAD, ASHTABULA, OH, 440043829

  Registry ID: 110011014534

Statutes cited

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

Enforcement conclusions (1)

• U.S. Aluminate Company, Inc.entered 2004-09-30

  Primary law: CERCLA

  Federal penalty: $22,050 · SEP: $76,343

Timeline (4 milestones)

• 2004-05-28Enforcement Action Data Entered
• 2004-05-28Complaint Filed/Proposed Order
• 2004-09-30Final Order Issued
• 2006-07-18Enforcement Action Closed