Don't Waste Arizona Enforcing EPCRA Against Hickman's Egg Ranch
What is the Written Follow Up Report Required by EPCRA?EPCRA, the Emergency Planning and Community Right to Know Act of 1986, is designed to put critical information to the public and emergency response agencies about releases of dangerous amounts of certain extremely hazardous substances.
Emergency Release Notification (Section 304, 42 U.S.C. § 11004)
The RQ (Reportable Quantity) is the critical number that determines if a release of certain dangerous chemicals designated as Extremely Hazardous Substances under EPCRA must be reported. (For ammonia, the amount is 100 pounds.) If the amount of a chemical released to the environment exceeds the reportable quantity in a 24-hour period, the facility having the release must immediately report the release to the appropriate local emergency planning committee (LEPC) and state emergency response commission (SERC), and then must provide a written follow-up as soon as practicable. Immediate notification must include the following:
In addition to immediate notification, facilities are required to provide a follow-up report, in writing, "update(ing) the original notification, provid(ing) additional information on response actions taken, known or anticipated health risks, and, if appropriate, advice regarding any medical care needed by exposure victims." Failure to notify the proper authorities may result in civil penalties of up to $37,500 per day for each day of noncompliance and criminal penalties of up to $37,500 in fines and prison sentences of up to two years. The public has a right to know this information, and when an LEPC or SERC (state emergency response commission) has a written follow up report from a facility, the report must be immediately provided to the public upon request.
The citizen suit provision of EPCRA allows for a civil action against a facility for failing to provide a written follow up notice for releases. This lawsuit is such a suit. The lawsuit alleges Hickman’s facilities release thousands of pounds of ammonia every day. The notification and written follow up report are parts of the emergency response notification process when a release of extremely hazardous substances has occurred, in short, when a chemical spill emergency has happened.
See more at www.chemicalspill.org
Much more information about the problem at http://tonopahstopp.com