EPA v. COCA-COLA BOTTLING COMPANY OF ELIZABETHTOWN

Case summary

COMPLAINT FILED 6/1/98 PROPOSING A PENALTY OF $82,850 COMPLAINT ALLEGES: COUNT I RESPONDENT DID NOT SUBMIT, ON OR BEFORE OCTOBER 17, 1987 OR WITHIN 3 MONTHS AFTER RESPONDENT FIRST BECAME SUBJECT TO OSHA'S MSDS REQUIREMENTS, AN MSDS OR A LIST INCLUDING THE REQUIRED INFORMATION ABOUT SULFURIC ACID TO THE LEPC, THE SERC, AND THE FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY. IN VIOLATION OF EPCRA SECTION 311. COUNT II RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM THAT LISTED SULFURIC ACID BY MARCH 1, 1996, TO THE LEPC, THE SERC AND THE FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY. IN VIOLATION OF EPCRA SECTION 312(A). COUNT III RESPONDENT DID NOT SUBMIT A FORM R COVERING SULFURIC ACID TO THE ADMINISTRATOR OF EPA OR TO THE OFFICIAL DESIGNATED BY THE GOVERNOR OF THE COMMONWEALTH OF KENTUCKY BY JULY 1, 1994. IN VIOLATION OF EPCRA SECTION 313. COUNT IV RESPONDENT DID NOT SUBMIT A FORM R COVERING PHOSPHORIC ACID TOTHE ADMINISTRATOR OF EPA OR TO THE OFFICIAL DESIGNATED BY THE GOVERNOR OF THE COMMONWEALTH OF KENTUCKY BY JULY 1, 1994. IN VIOLATION OF EPCRA SECTION 313. COUNT V RESPONDENT DID NOT SUBMIT A FORM R COVERING PHOSPHORIC ACID TO THE ADMINISTRATOR OF EPA OR TO THE OFFICIAL DESIGNATED BY THE GOVERNOR OF THE COMMONWEALTH OF KENTUCKY BY JULY 1, 1995. IN VIOLATION OF EPCRA SECTION 313. COUNT VI SAME AS COUNT V - DID NOT SUBMIT FORM BY JULY 1, 1996 CACO ISSUED 6/1/98 ASSESSING A PENALTY OF $14,838. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP.

Defendants (1)

• COCA-COLA BOTTLING CO. OF ELIZABETHTOWNNamed in complaintNamed in settlement

Facilities (1)

• COCA COLA BOTTLING COMPANY OF ELIZABETHTOWN

  1201 N. DIXIE HWY., ELIZABETHTOWN, KY, 42701

  Registry ID: 110000766396

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• COCA-COLA BOTTLING COMPANYentered 1998-06-01

  Primary law: EPCRA

  Federal penalty: $14,838

Timeline (3 milestones)

• 1998-06-01Complaint Filed/Proposed Order
• 1998-06-01Final Order Issued
• 1998-06-05Enforcement Action Data Entered