EPA v. DAM Marina (The Morland Corporation)

Case summary

4/25/03 - NOTICE OF DETERMINATION ISSUED. ON SEPTEMBER 27, 2002, RESPONDENT DISCLOSED TO EPA THAT IT MAY HAVE VIOLATED SECTIONS 311 AND 312 OF EPCRA. THE FACILITY REPORTED IT HAD VIOLATED SECTIONS 311 AND 312 OF EPCRA FOR FAILING TO SUBMIT MATERIAL SAFETY DATA SHEETS (MSDS) AND TIER II REPORTS FOR GASOLINE FOR THE YEARS 1999 THROUGH 2001. ACCORDING TO A FOLLOWUP LETTER TO EPA DATED NOVEMBER 7, 2002, DAM DISCOVERED THE VIOLATIONS FOLLOWING RECEIPT OF AN EPA PUBLICATION EXPLAINING EPCRA REPORTING REQUIREMENTS. THE EPA PUBLICATION WAS RECEIVED BY DAM ON SEPTEMBER 11, 2002. RESPONDENT CONTACTED EPA REGARDING THE VIOLATION AND WAS ENCOURAGED TO DISCLOSED THE VIOLATION IN WRITING. DAM ADDRESSED THE CONDITIONS NECESSARY TO DETERMINE IF DAM WAS ELIGIBLE FOR A GRAVITY-BASED PENALTY REDUCTION OR ELIMINATION IN ITS FOLLOWUP LETTER EPA DATED NOVEMBER 7, 2002. FOLLOWING THE DISCOVERY OF THE VIOLATIONS, DAM CORRECTED THE VIOLATIONS AND SUBMITTED THE REPORTS TO THE APPROPRIATE AGENCIES ON JANUARY 9, 2003

Defendants (2)

• DAM MARINA (THE MORLAND CORPORATION)Named in settlement
• MORLAND CORPORATION (DAM MARINA)Named in settlement

Facilities (1)

• DAM MARINA (THE MORLAND CORPORATION)

  119 BUFFALO SHOALS ROAD, LAKE LURE, NC, 28746

  Registry ID: 110014416408

Statutes cited

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

Enforcement conclusions (1)

• DAM Marina (The Morland Corporation) (NOD)entered 2003-04-25

  Primary law: EPCRA

Timeline (3 milestones)

• 2003-04-25Enforcement Action Closed
• 2003-04-25Final Order Issued
• 2003-05-07Enforcement Action Data Entered