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EPA Files Complaint in Emergency Response Notification Case; Proposes Penalty of $20,000

Release Date: 10/15/2001
Contact Information: Mark Merchant, EPA Press Office (617) 918-1013

BOSTON – The U.S. Environmental Protection Agency today announced that it has filed an administrative complaint against the Upper Blackstone Water Pollution Abatement District for not immediately reporting a release of chlorine from its wastewater treatment plant in Millbury, Mass. to the National Response Center.

On Oct. 19, 2000, 885 pounds of chlorine were released at the plant – both as a liquid and as a gas – however none was spilled in the river itself. The plant is located on Route 20. The federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) requires that the NRC be notified immediately of such a release, but Blackstone failed to make notification until the following day, over 21 hours after the release occurred. .

EPA is seeking an administrative penalty of $20,626 for the violation.

Blackstone operates a wastewater treatment facility for six area communities, including Worcester. More than 200 industrial users contribute wastewater to Blackstone. The plant also accepts septage on a fee basis from area communities.

Blackstone officials attributed the release to a faulty valve on a one-ton cylinder containing liquid chlorine. Chlorine is routinely used at the facility as a wastewater disinfectant. Two firefighters responding to the accident were examined for chlorine exposure at a local hospital and released.

Federal law requires that accidental releases of certain hazardous substances exceeding a threshold quantity be immediately reported to the National Response Center by the party responsible for the release. In the case of chlorine, the threshold is 10 pounds.

Notifications made to the NRC are normally relayed to EPA's emergency response desk within minutes of when they are received. Failing to immediately notify the NRC undercuts EPA's ability to determine what level of government response is needed and how urgent the response should be.

"Fortunately in this case, the environmental and health effects from the release were minor," said Robert W. Varney, Regional Administrator of EPA's New England office. "So judging the seriousness of this violation by the long delay in notifying the NRC instead of the harm the release actually caused ensures that immediate notification will be made in the future."

Varney went on to say that the purpose of immediate NRC notification is simple but important: to provide a mechanism for EPA to be aware of every potentially hazardous release as soon as possible, and to quickly assess the severity of the release and the need for federal response, if any.

For more information, visit EPA's Web site: https://www.epa.gov/ceppo