EPA v. Hammond Water Filtration Plant (Hammond, IN) CAFO

Case summary

Respondent is the City of Hammond, Indiana Water Works Department (HWWD), a municipal owned utility. USEPA and Respondent agreed to settle the following causes of action through a Consent Agreement and Final Order (CAFO) executed on October 28, 2014. Respondent used, stored, handled, and moved, multiple one ton containers of the regulated substance chlorine at the facility in amounts over the threshold quantity of 2,500 pounds per year. The Facility?s chlorine process did not meet the Program 1 requirements of 40 CFR 68.10(b). Respondent?s chlorine process was subject to the Program 3 Risk Management Program (RMP) requirements. Count 1: Respondent failed to document the names or positions of the individuals responsible for the implementation of the RMP elements, and the lines of authority between them violated 40CFR 68.15(c) and Section 112(r)(7) of the Clean Air Act. Count 2: Respondent failed to analyze and report in its 2011 RMP one worst case scenario that was estimated to create the greatest distance in any direction to a specified endpoint resulting from an accidental release under 40CFR68.25(a)(2)(i). Count 3. Respondent failed to estimate the population potentially affected by a chemical accident at the Facility to two significant digits 40CFR 68.30(d). Count 4. Respondent failed to review and update the offsite consequence analysis for the Facility since it submitted its RMP in 1999, and at least once every five years 40CFR 68.36(a). Count 5. Respondent failed to maintain as part of its offsite consequences analysis for the Facility a description of the alternate release scenarios identified, the assumptions made, and the rationale for selection of the alternative scenarios 40CFR 68.39 (b). Count 6. Respondent failed to maintain up-to-date equipment safety information on the chlorine process 40CFR68.65(d)(1). Count 7. Respondent failed to document that the equipment in its chlorine process complied with recognized and good engineering practices 40CFR68.65(d)(2). Count 8. Respondent failed to update its 1999 PHA for the chlorine process at least every five years. 40CFR68.67(f). Count 9 Respondent failed to have all of the required elements in the Facility?s written operating procedures for the chlorine process and failed to perform annual certifications of the written operating procedures 40CFR 68.69 (a) and (c). Count 10. Respondent failed to develop the required written procedures for the chlorine process equipment, train each applicable employee, perform inspections at the required frequency, and document the inspections and tests. 40CFR68.73 (b)-(d). Count 11. Respondent failed to establish and implement written procedures to manage changes that affect the chlorine process 40CFR 68.75 (a). Count 12 ? Respondent Failed to certify at least every three years its compliance with the Program 3 RMP requirements 40CFR68.79(a). Count 13 Respondent failed to obtain and evaluate the contractor?s safety performance and programs 40CFR 68.87(b). A civil penalty of $51,700 was agreed to and was paid by Respondent. In addition, two Supplemental Environmental Projects (SEPs) were agreed to.

Defendants (1)

• City of Hammond Indiana Water Works DepartmentNamed in complaintNamed in settlement

Facilities (1)

• HAMMOND WATER FILTRATION PLANT

  925 CASINO DRIVE, HAMMOND, IN, 46320

  Registry ID: 110022311498

Statutes cited

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

Enforcement conclusions (1)

• Hammond Water Filtration Plant (Hammond, IN) CAFOentered 2014-10-28

  Primary law: CAA

  Federal penalty: $51,700 · SEP: $77,000

Timeline (6 milestones)

• 2014-10-28Final Order Issued
• 2014-10-28Demand for Stipulated Penalties
• 2014-10-28Complaint Filed/Proposed Order
• 2014-10-30Enforcement Action Data Entered
• 2015-04-26Enforcement Action Closed
• 2015-04-26Pipeline Closed