EPA v. NORTH CAROLINA ELECTRIC MEMBERSHIP CORPORATION

Case summary

3/18/08 - NOTICE OF DETERMINATION ISSUED. IN A LTR DATED FEB 28, 2007, NCEMC ADMITTED THE FOLLOWING VIOLATIONS OF EPCRA: NCEMC FAILED TO TIMELY SUBMIT NOTIFICATION TO THE LOCAL ENVIRONMENTAL PLANNING COMMITTEE THAT NO. 2 DIESEL FUEL WAS STORED AT ITS FACILITIES IN RALEIGH, BUXTON, AND OCRACOKE, NC, AS REQUIRED BY EPCRA SEC 312. NCEMC ALSO FAILED TO TIMELY SUBMIT FOR ITS FACILIES IN RALEIGH, BUXTON, AND OCRACOKE, NC, TIER II FORMS FOR NO. 2 DIESEL FUEL FOR REPORTING YRS 2004 AND 2005 TO EPA, THE STATE OF NC'S EMERGENCY RESPONSE COMMISSION, THE LOCAL ENVIRONMENTAL PLANNING COMMITTEE, AND THE FIRE DEPT WITH JURISDICITON IN THE AREA, AS REQUIRED BY EPCRA SEC 312. ON MARCH 1, 2007 NCEMC SUBMITTED THE FORMS TO THE APPROPRIATE AGENCIES. UNDER EPA'S ENFORCEMENT POLICY FOR EPCRA VIOLATIONS, A GRAVITY-BASED PENALTY OF $241,476 COULD HAVE BEEN ASSESSED FOR THESE NON-REPORTING VIOLATIONS.

Defendants (1)

• NORTH CAROLINA ELECTRIC MEMBERSHIP CORPORATIONNamed in settlement

Facilities (3)

• NORTH ELECTRIC MEMBERSHIP CORPORATION

  3400 SUMNER BOULEVARD, RALEIGH, NC, 27616

  Registry ID: 110035850512

• N C ELECTRIC MEMBERSHIP CORPORATION - OCRACOKE

  LIGHT HOUSE ROAD, OCRACOKE, NC, 27960

  Registry ID: 110009855362

• N C ELECTRICAL MEMBERSHIP CORPORATION - BUXTON RD.

  47123 LIGHT PLANT ROAD, BUXTON, NC, 27920

  Registry ID: 110009855353

Statutes cited

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

Enforcement conclusions (1)

• NORTH CAROLINA ELECTRIC MEMBERSHIP CORPORATIONentered 2008-03-18

  Primary law: EPCRA

Timeline (3 milestones)

• 2008-03-18Enforcement Action Closed
• 2008-03-18Final Order Issued
• 2008-04-01Enforcement Action Data Entered