EPA v. CITY ICE COMPANY, INC.

Case summary

1/20/06 - NOTICE OF DETERMINATION ISSUED. IN A LETTER TO EPA DATED SEPTEMBER 27, 2004, CITY ICE ADMITTED THE FOLLOWING VIOLATION OF EPCRA AND THE CWA: VIOLATION 1: DURING A VOLUNTARY COMPLIANCE EVALUATION AT IT'S FACILITY ON SEPTEMBER 15-16, 2004, CITY ICE DISCOVERED THAT IT HAD POSSIBLY FAILED TO TIMELY SUBMIT AN MSDS FOR ANHYDROUS AMMONIA (CAS 7664-41-7) FOR 2003 TO THE FIRE DEPT WITH JURISDICTION OVER THE FACIILTY, WITHIN 3 MONTHS AFTER BEING REQUIRED TO PREPARE OR HAVE AVAILABLE AN MSDS FOR THE ABOVE-NAMED CHEMICAL UNDER THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970, AS REQUIRED BY EPCRA SECTION 311. ON SEPTEMBER 30, 2004, CITY ICE SUBMITTED TO THE FIRE DEPT WITH JURISDICTION OVER THE FACILITY ITS TIER II REPORTS FOR 2003, FOR THE ABOVE-NAMED CHEMICAL, AND THEREBY SATISFIED ITS OBLIGATION UNDER EPCRA 311 TO PROVIDE AN MSDS FOR THE ABOVE-REFERENCED CHEMICAL. ACCORDING TO CITY ICE, THE STATE EMERGENCY RESPONSE COMMISSION (SERC) AND THE LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) BOTH REPORTED THAT THEY HAD PREVOUSLY RECEIVED COPIES OF THE TIER II REPORT. VIOLATION 2: DURING A VOLUNTARY COMPLIANCE EVALUATION AT IT'S FACILITY ON SEPTEMBER 15-16, 2004, CITY ICE DISCOVER THAT IT HAD FAILED TO APPLY FOR (BY FILING A NOTICE OF INTENT, ALSO KNOW AS AN NOI) AND OBTAIN AN NATIONAL POLLUTANT DISCHARGEELIMINATION SYSTEM (NPDES) PERMIT UNDER NPDES GENERAL PERMIT GAR000000, ORALTERNATIVELY SUBMIT A NO DISCHARGE CERTIFICATION TO THE STATE OF GEORGIA, FOR STORMWATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY AT THE CITY ICE FACILITY LOCATED AT 624 MORENO ST, SW, GAINESVILLE, GA. ON SEPTEMBER 29, 2004, CITY ICE SUBMITTED TO THE GA ENVIRONMENTAL PROTECTION DIVISION A NO EXPOSURE CERTIFICATION AND THEREBY SATISFIED ITS NPDES PERMITTING OBLIGATIONS FOR THE FACILITY.

Defendants (1)

• CITY ICE COMPANY (SB)Named in settlement

Facilities (1)

• CITY ICE CO

  624 MORENO ST, GAINESVILLE, GA, 30510

  Registry ID: 110010640280

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CWA 301 — NPDES Discharge without a Permit
• EPCRA 311 — Material Safety Data Sheets (MSDS)

Enforcement conclusions (1)

• CITY ICE COMPANY, INC.entered 2006-01-20

  Primary law: EPCRA

Timeline (3 milestones)

• 2006-01-20Enforcement Action Closed
• 2006-01-20Final Order Issued
• 2006-05-04Enforcement Action Data Entered