EPA v. BURT'S BEES

Case summary

1/7/09 - NOTICE OF DETERMINATION ISSUED. IN A LETTER DATED SEPT 7, 2007, AND IN A LATER WRITTEN COMMUNICATIONS ON OCT 16, 2007, BURT'S BEES, INC., ADMITTED THE FOLLOWING VIOLATIONS OF EPCRA AND CWA: FOR ITS FACILITY AT 900 AVIATION PARKWAY, MORRISVILLE, NC 27560: BURT'S BEES DID NOT PROVIDE NOTIFICATIONS PURSUANT TO SEC 302 OF EPCRA AND 40 CFR 355.30(b), CONCERNING ON-SITE INVENTORY OF SULFURIC ACID IN INDUSTRIAL VEHICLE BATTERIES. ON OCT 12, 2007, BURT'S BEES, INC., SUBMITTED THE NOTIFICATIONS TO THE APPROPRIATE AGENCIES. BURT'S BEES, INC., DID NOT SUBMIT MATERIAL SAFETY DATA SHEETS OR A CHEMICAL LIST, PURSUANT TO SEC 311 OF EPCRA. ON OCT 12, 2007, BURT'S BEES SUBMITTED THE INFO TO THE APPROPRIATE AGENCIES. FOR ITS FACILITY AT 701 DISTRIBUTION DRIVE, DURHAM, NC 27709: BURT'S BEES DID NOT PROVIDE NOTIFICATIONS PURSUANT TO SECTION 302 OF EPCRA AND 40 CFR 355.30(b), CONCERNING ON-SITE INVENTORY OF SULFURIC ACID IN INDUSTRIAL VEHICLE BATTERIES. ON OCT 12, 2007, BURT'S BEES SUBMITTED THE NOTIFICATIONS TO THE APPROPRIATE AGENCIES. BURT'S BEES DID NOT SUBMIT MATERIAL SAFETY DATA SHEETS OR A CHEMICAL LIST PURSUANT TO EPCRA 311 AND 40 CFR PART 370 FOR SULFURIC ACID AND LEAD CONTAINED IN THE PREVIOUSLY MENTIONED INDUSTRIAL VEHICLE BATTERIES, AND RAW MATERIALS ABOVE THE 10,000 POUND THRESHOLD WHICH ARE NOT CLEARLY EXEMPT FROM REPORTING. ON OCT 12, 2007, BURT'S BEES SUBMITTED THE INFO TO THE APPROPRIATE AGENCIES. BURT'S BEES DID NOT SUBMIT TIER II REPORTS, PURSUANT TO EPCRA SEC 312 AND 40 CFR PART 370, FOR SULFURIC ACID AND LEAD CONTAINED IN THE PREVIOUSLY MENTIONED INDUSTRIAL VEHICLE BATTERIES, AND RAW MATERIALS ABOVE THE 10,000 POUND THRESHOLD WHICH ARE NOT CLEARLY EXEMPT FROM REPORTING. ON OCT 12, 2007, BURT'S BEES, INC., SUBMITTED THE TIER II REPORTS FOR CALENDAR YEAR 2006 TO THE APPROPRIATE AGENCIES. BURT'S BEES DID NOT PREPARE AND IMPLEMENT A SPILL PREVENTION, CONTROL AND COUNTERMEASURE PLAN (SPCC PLANN) AS REQUIRED BY 40 CFR PART 112 AND CWA SEC 311(j). ON OR ABOUT SEPT 12, 2007, BURT'S BEES, INC., BEGAN PREPARING AN SPCC PLAN, WHICH BECAME FINAL ON OR ABOUT FEB 8, 2008. IN A LATER EMAIL TRANSMITTAL, BURT'S BEES, INC., INFORMED EPA THAT IT IMPLEMENTED THE SPCC PLAN WHEN IT COMPLETED CONSTRUCTION OF SECONDARY CONTAINMENT IN MARCH 2008. ITS WRITTEN SPCC PLAN WAS THEN REVISED TO REFLECT THOSE MODIFICATIONS WITH THE REVISED PLAN STAMPED ON APRIL 25, 2008. THE DESIGNATED SPILL COORDINATORS AND AFFECTED EMPLOYEES RECEIVED TRAINING IN JUNE 2008.

Defendants (1)

• BURT'S BEESNamed in settlement

Facilities (2)

• BURT'S BEES

  701 DISTRIBUTION DRIVE, DURHAM, NC, 27709

  Registry ID: 110032639946

• BURT'S BEES

  900 AVIATION PARKWAY, MORRISVILLE, NC, 27560

  Registry ID: 110037952579

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations
• EPCRA 311 — Material Safety Data Sheets (MSDS)
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms

Enforcement conclusions (1)

• BURT'S BEESentered 2009-01-07

  Primary law: EPCRA

Timeline (3 milestones)

• 2009-01-07Final Order Issued
• 2009-01-07Enforcement Action Closed
• 2009-01-16Enforcement Action Data Entered