Skip to main content
05-2018-7453Administrative - FormalFinal Order IssuedFY 2018· Region 05

EPA v. AUSTIN POWDER COMPANY

Final Order With Penalty

Case summary

On 2/27/17 a release occurred from respondent's facility of approximately 1817 pounds of nitric acid, which exceeded the reportable quantity of 1000 pounds. The release spilled, leaked, pumped, poured, discharged, escaped, into the surface water, ground water, land surface or subsurface strata. Respondent did not immediately notify the NRC of the release of nitric acid. On the same day 2/27/17 a release occurred from the respondent's facility of approximately 1335 pounds of sulfuric acid which exceeded the 1000 pound RQ. This release also reached the subsurface strata Respondent did not immediately notify the NRC of the release.

Defendants (1)

  • AUSTIN POWDER COMPANYNamed in complaintNamed in settlement

Facilities (1)

  • AUSTIN POWDER COMPANY

    430 POWDER PLANT RD., MCARTHUR, OH, 456510317

    Registry ID: 110000395242

Statutes cited

  • CERCLA 109A5Violation of 109(a)(5) Subpoena

Enforcement conclusions (1)

  • AUSTIN POWDER COMPANYentered 2018-03-21

    Primary law: CERCLA

    Federal penalty: $12,640

Timeline (4 milestones)

  • 2018-03-21Enforcement Action Data Entered
  • 2018-03-21Final Order Issued
  • 2018-03-21Complaint Filed/Proposed Order
  • 2018-04-17Pipeline Closed

Case metadata

EPA activity ID
3601382387
Case number
05-2018-7453
Lead agency
EPA
EPA region
05
Voluntary self-disclosure
No
Primary statute
Violation of 109(a)(5) Subpoena

Sourced verbatim from EPA ECHO Enforcement Case Report for case 05-2018-7453 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.