EPA v. PURE PACK ICE COMPANY

Case summary

12/11/2007 - NOTICE OF DETERMINATION. PURE PACK VIOLATED EPCRA SECTION 311 BY FAILING TO PROVIDE INITIAL NOTIFICATION OF ANHYDROUS AMMONIA USAGE TO ALABAMA'S STATE EMERGENCY RESPONSE COMMISSION (SERC), THE LOCAL EMERGENCY PLANNING COMMITTEE (LEPC), AND THE FIRE DEPT WITH JURISDICTION IN THE AREA, AS REQUIRED BY EPCRA SECTION 311. PURE PACK ALSO VIOLATED EPCRA SECTION 312 BY FAILING TO TIMELY SUBMIT TIER II REPORTS FOR ANHYDROUS AMMONIA FOR REPORTING YEARS 2003, 2004, 2005, AND 2006 TO ALABAMA'S SERC, THE LEPC, AND THE FIRE DEPT WITH JURISDICTION IN THE AREA, AS REQUIRED BY EPCRA SECTION 312. PURE PACK DISCOVERED THE VIOLATIONS ON JANUARY 24, 2007, AND SUBMITTED THE TIER II REPORTS TO THE APPROPRIATE AGENCIES ON OR ABOUT FEB 28, 2007. UNDER EPA'S ENFORCEMENT POLICY FOR EPCRA VIOLATIONS, A GRAVITY-BASED PENALTY OF $186,714 COULD HAVE BEEN ASSESSED FOR THESE NON-REPORTING VIOLATIONS.

Defendants (1)

• PURE PACK ICE COMPANYNamed in settlement

Facilities (1)

• PURE PACK ICE COMPANY

  315-317 SHELBY COUNTY ROAD 52, PELHAM, AL, 35124

  Registry ID: 110033198297

Statutes cited

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

Enforcement conclusions (1)

• PURE PACK ICE COMPANYentered 2007-12-11

  Primary law: EPCRA

Timeline (3 milestones)

• 2007-12-11Enforcement Action Closed
• 2007-12-11Final Order Issued
• 2008-01-08Enforcement Action Data Entered