EPA v. MAGICLEAN

Case summary

The Regional Judicial Officer issued a Final Order on August 29, 2019, ratifying the Consent Agreement to commence and settle a penalty action to resolve violations of EPCRA Sections 311 and 312 against Robert C. Durst d/b/a Magiclean; Mr. Durst owns and operates a mobile truck washing operation in Salisbury, Maryland, where a fire occurred on December 18, 2016, burning sulfuric and hydrochloric acids, resulting in damage to local responder HazMat suits; several firefighters went to the hospital for respiratory injury. The Consent Agreement alleges failure to submit to the SERC, LEPC and local fire department initial notice of and annual chemical inventories for storage of the hazardous chemicals as required by EPCRA Sections 311 and 312. Based on inability to pay, the settlement provides that Mr. Durst will pay a penalty of $2000 over a 9-month period. EPA directly implements enforcement of EPCRA; Maryland DEM is aware of this action.

Defendants (1)

• MAGICLEANNamed in complaintNamed in settlement

Facilities (1)

• MAGICLEAN

  110 SMITH ST, SALISBURY, PA, 15558

  Registry ID: 110070052615

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 311 — Material Safety Data Sheets (MSDS)

Enforcement conclusions (1)

• MAGICLEANentered 2019-08-29

  Primary law: EPCRA

  Federal penalty: $2,000

Timeline (4 milestones)

• 2019-08-29Complaint Filed/Proposed Order
• 2019-08-29Final Order Issued
• 2019-09-09Enforcement Action Data Entered
• 2020-10-05Enforcement Action Closed