EPA v. D-K DIAMOND-KOCH, L.L.C., DIAMOND-KOCH, L.P., AND DIAMOND-KO

Case summary

1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOS- URE, CORRECTION AND PREVENTION OF VIOLATION. 2. D-K DIAMOND-KOCH, L.L.C., DIAMOND-KOCH, L.P., AND DIA- MOND-KOCH, L.P. 10844 I-10 MONT BELVIEU, CHAMBERS COUNTY, TEXAS 77580 3. RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED VIOLATIONS OF THE REPORTING REQUIREMENTS OF SECTION 109 OF CERCLA BY FAILING TO PROVIDE NOTICE IMMEDIATELY AFTER A RELEASE OF OXIDES OF NITROGEN, ABOVE THE RQ, HAD OCCUR- RED. 4. RELIEF SOUGHT PURSUANT TO THE SELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT'S DISCLOSURE, CORRECTION AND PREVENTION OF VIOLATION, AND PAST COMPLIANCE HISTORY, AND MAKE A DETERMINATION AS TO THE RESPONDENT'S QUALIFICATION TO THE SELF-POLICING POLICY AND IF EPA WILL SEEK GRAVITY- BASED PENALTIES OR NOT.

Defendants (3)

• D-K DIAMOND-KOCH, L.L.C.Named in settlement
• DIAMOND-KOCH III, L.P.Named in settlement
• DIAMOND-KOCH, L.P.Named in settlement

Facilities (1)

• KOCH SERVICE INC

  10844 INTERSTATE 10, MONT BELVIEU, TX, 77580

  Registry ID: 110008155824

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• D-K DIAMOND-KOCH, L.L.C., DIAMOND-KOCH, L.P., AND DIAMOND-KOentered 2010-06-16

  Primary law: CERCLA

Timeline (4 milestones)

• 2001-12-07Complaint Filed/Proposed Order
• 2001-12-20Enforcement Action Data Entered
• 2010-06-16Final Order Issued
• 2010-06-16Enforcement Action Closed