EPA v. C P BURDICK

Case summary

EPA REGION 1 FILED AN ADMINISTRATIVE COMPLAINT ALLEGING THAT CP BURDICK & SON, INC., OF IVORYTON, CT VIOLATED SECTION 311 OF THE CLEAN WATER ACT AND THE OIL POLLUTION PREVENTION REGULATIONS AT 40 C.F.R. PART 112. SPECIFICALLY, THE COMPLAINT ALLEGES THAT THE COMPANY FAILED TO PREPARE AND IMPLEMENT AN SPCC PLAN UNDER THE CLEAN WATER ACT AT THE COMPANIES IVORYTON AND ESSEX FACILITIES. EPA IS ALSO ALLEGING THAT THE RESPONDENT FAILED TO RESPOND TO AN INFORMATION REQUEST IN VIOLATION OF SECTION 311 OF THE CLEAN WATER ACT. FINALLY, THE COMPLAINT ALLEGES VIOLATIONS OF SECTION 312 OF EPCRA FOR FAILLING TO SUBMIT THE REQUIRED TILER II FORM. THE COMPLAINT PROPOSES THAT A PENALTY OF UP TO $157,500 BE ASSESSED AGAINST THE COMPANY FOR THE VIOLATIONS AND UP TO $32,500 PER DAY FOR EACH VIOLATION OF SECTION 312 OF EPCRA.

Defendants (1)

• C P BURDICK & SON INC (SB)Named in complaintNamed in settlement

Facilities (1)

• C P BURDICK & SON INC

  108 MAIN ST, IVORYTON, CT, 06442

  Registry ID: 110045661690

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• C P BURDICKentered 2008-07-16

  Primary law: CWA

  Federal penalty: $4,500

Timeline (3 milestones)

• 2007-08-27Complaint Filed/Proposed Order
• 2008-07-16Final Order Issued
• 2008-07-24Enforcement Action Data Entered