EPA v. MARSHALL DURBIN FOOD CORPORATION

Case summary

3/7/05 - NOTICE OF DETERMINATION ISSUED. IN A LETTER DATED SEPTEMBER 14, 2001, MARSHALL DURBIN ADMITTED VIOLATIONS OF SECTION 313 OF EPCRA AT ITS FACILITIES LOCATED IN HATTIESBURG, MISSISSIPPI AND JACKSON, ALABAMA, BY FAILING TO TIMELY SUBMIT TRI REPORTS FOR REPORTING YEARS 1998 THROUGH 1999 FOR AMMONIA AND CHLORINE. MARSHALL DURBIN ALSO FAILED TO TIMELY SUBMIT TRI REPORTS FOR REPORTING YEARS 1998 THROUGH 1999 FOR COPPER COMPOUNDS FOR ITS FACILITIES LOCATED IN HALLEYVILLE, ALABAMA; WAYNESBORO, MISSISSIPPI; AND PHILADELPHIA, MISSISSIPPI. IN HIS SEPTEMBER 14, 2001, LETTER TO EPA, MARSHALL DURBIN REVEALED THAT FOLLOWING THE INITIAL STAGES OF AN ENVIRONMENTAL AUDIT, THE COMPANY LEARNED THAT EPA DID NT HAVE FORM Rs OR FORM A REPORTS FOR THE YEARS 1997 THROUGH 2001. EPA RESPONDED TO MARSHALL DURBIN'S LETTER ON SEPTEMBER 20, 2001. IN THAT LETTER, EPA REQUESTED ADDITIONAL INFO NECESSARY TO DETERMIN WHETHER MARSHALL DURBIN MET THE NINE CONDITIONS FOR PENALTY MITIGATION OR A PENALTY REDUCTION. IN A LETTER TO EPA DATED OCTOBER 19, 2001, MR. WILLIAM J. COLE INFORMATION EPA THAT HIS FIRM HAD BEEN RETAINED AS COUNSEL BY MARSHALL DURBIN. IN THAT LETTER, MR. COLE REQUESTED AN ADDITIONAL 10 DAYS IN WHICH TO RESPOND TO THE REQUEST FOR ADDITIONAL INFORMATION. ON OCTOBER 29, 2001, MR. COLE INFORMED EPA THAT BASED ON COMPANY RESEARCH, IT HAD BEEN DETERMINED THAT REPORTS FOR YEARS 1998 THROUGH 2000 HAD BEEN ELECTRONICALLY SUBMITTED TO EPA, THEREFORE NO VIOLATIONS HAD OCCURRED. A REVIEW OF THE TRI DATABASE BY EPA INDICATED THAT TRI REPORTS FOR CALENDAR YEAR 2000 HAD BEEN SUBMITTED, BUT REPORTS FOR 1998 AND 1999 HAD NOT BE RECEIVED. BECAUSE OF CONFLICTING INFORMATION RECEIVED FROM MARSHALL DURBIN, SEVERAL DISCUSSIONS BETWEEN EPA AND MARSHALL DURBIN'S ATTORNEY AND COMPANY CONTINUED OVER SEVERAL MONTHS. ON JUNE 25, 2005, EPA CONTACTED MR. COLE AND PROVIDED HIM WITH THE RESULTS OF EPA'S FINAL REVIEW. MR. COLE WAS TOLD THAT SINCE THE REPORT FOR 2000 HAD BEEN RECEIVED, ONLY THE REPORTS FOR 1998 AND 1999 WERE DUE. EPA DETERMINED THAT SINCE MARSHALL DURBIN WAS INFORMED ON JUNE 25, 2002, VIA A TELEPHONE CONVERSATION AT ITS FACILITIES WERE IN VIOLATION OF SECTION 313 OF EPCRA FOR FAILURE TO TIMELY SUBMIT TRI REPORTS TO THE APPROPRIATE AGENCIES, THIS WAS THE DATE THAT EPA WOULD CONSIDER AS MARSHALL DURBIN'S DISCOVERY DATE. ON AUGUST 9, 2002, MARSHALL DURBIN RESPONDED TO EPA'S SEPTEMBER 20, 2001, REQUEST FOR ADDITIONAL INFORMATION AND ADDRESSED THE NINE CONDITIONS AS REQUIRED BY THE POLICY.

Defendants (1)

• MARSHALL DURBIN FOOD CORPORATIONNamed in settlement

Facilities (1)

• MARSHALL DURBIN FOOD CORPORATION

  650 FORD AVENUE, JACKSON, MS, 39209

  Registry ID: 110022315207

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• MARSHALL DURBIN FOOD CORPORATIONentered 2005-03-07

  Primary law: EPCRA

Timeline (3 milestones)

• 2005-03-07Enforcement Action Closed
• 2005-03-07Final Order Issued
• 2005-03-23Enforcement Action Data Entered