EPA v. CONESTOGA ENTERPRISES, INC

Case summary

On March 31, 2003, EPA issued a Notice of Determination ( NOD ) pursuant to the Final Policy Statement on Incentives for Self-Policing: Discovery, Correction, and Prevention of Violations , 65 Fed. Reg. 19618 (April 18, 2000). The NOD is based on self-disclosures provided by Conestoga Enterprises, Inc. ( Conestoga ), for violations of Sections 302 and 312 of the Emergency Planning and Community Right-to-Know Act ( EPCRA ), 42 U.S.C. Section 11002 and 11022, and its implementing regulations at 40 C.F.R. Part 372 which occurred at Conestoga's CEI Networks, 441 Science Park Road, State College, PA, CEI Networks, 402 S. Allen Street, State College, PA, Conestoga Telephone & Telegraph Company, 2nd & Warwick Street, Boyertown, PA, Conestoga Telephone & Telegraph Company, 202 E. First Street, Birdsboro, PA, Buffalo Valley Telephone Company, 300 Third Street, Mifflinburg, PA, Buffalo Valley Telephone Company, 20 South Second Street, Lewisburg, PA facilities. In letters to EPA dated December 21, 2001, January 11, 2002, and in a subsequent responses to EPA inquiries Conestoga disclosed that the Facilities had failed to submit Emergency Planning Notification to the State Emergency Planning Committee and Tier II reports to the Local Emergency PLanning Committe and the local fire deparment for Sulfuric Acid, Lead and # 2 Heating Oil, for the reporting years 2000 through 2002, as required by Sections 302 and 313 of EPCRA, 42 U.S.C. section 11002 and 11022. The total gravity-based civil penalty for these violations would be $82,500. However, Conestoga satisfied all of the conditions of EPA's Self-Disclosure Policy and the amount of economic benefit gained is insignificant, EPA waived the gravity-based civil penalty for the disclosed violation

Defendants (1)

• CONESTOGA ENTERPRISES, INCNamed in complaintNamed in settlement

Facilities (6)

• BUFFALO VALLEY TELEPHONE CO

  20 S SECOND ST, LEWISBURG, PA, 17837

  Registry ID: 110013721945

• BUFFALO VALLEY TELEPHONE CO

  300 THIRD ST, MIFFLINBURG, PA, 17844

  Registry ID: 110013721963

• CONESTOGA TELEPHONE & TELEGRAPH CO

  2ND & WARWICK ST, BOYERTOWN, PA, 19512

  Registry ID: 110013722329

• CONESTOGA TELEPHONE & TELEGRAPH CO

  202 E FIRST ST, BIRDSBORO, PA, 19508

  Registry ID: 110013722310

• CEI NETWORKS

  441 SCIENCE PARK RD, STATE COLLEGE, PA, 16803

  Registry ID: 110064216003

• CEI NETWORKS

  403 S. ALLEN ST, STATE COLLEGE, PA, 16801

  Registry ID: 110013721384

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 302 — Substances and Facilities Covered and Notification

Enforcement conclusions (1)

• Conestoga Enterprises, Incentered 2003-03-31

  Primary law: EPCRA

Timeline (4 milestones)

• 2002-01-18Enforcement Action Data Entered
• 2003-03-31Final Order Issued
• 2003-03-31Enforcement Action Closed
• 2003-03-31Complaint Filed/Proposed Order