Settles Violations of Ammonia Release

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PHILADELPHIA (July 1, 2009) — The U.S. Environmental Protection Agency today announced that The Pond, Inc. has agreed to pay a $22,980 civil penalty for allegedly failing to immediately notify emergency response agencies of a hazardous chemical release at the company’s ice skating rink, 101 John F. Campbell Drive, Newark, Del.

EPA cited the company for violating federal laws requiring that releases or spills of hazardous chemicals be reported immediately to appropriate emergency response authorities. The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, also known as the Superfund statute) requires facilities to immediately report releases of hazardous substances to the National Response Center, the national point of contact for reporting oil and hazardous chemical spills. The Emergency Planning and Community Right-to-Know Act (EPCRA) mandates that facilities provide similar notification to state and local emergency officials.

According to the EPA, the company did not provide required immediate notices to federal, state and local emergency response officials after the facility accidentally released 300 pounds of anhydrous ammonia over a two-hour and 30 minutes period on Aug. 6, 2006 during maintenance activities.

EPA also alleged that the company did not submit to EPA, the state of Delaware or the local fire department required Chemical Inventory Forms for calendar years 2004, 2005 and 2006 covering the storage of approximately 1,000 pounds of anhydrous ammonia in its two compressors, which are used to cool the ice surfaces of two skating rinks.

The company cooperated with EPA’s investigation and resolution of this matter. In the settlement agreement, the company neither admitted nor denied liability for the alleged violations.