EPA v. NIAGARA NATIONAL, LLC

Case summary

1/26/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $46,283.84. PAYMENT SHALL BE PAID IN 8 QUARTERLY INSTALLMENTS AT THE FOLLOWING SCHEDULE: MARCH 1, 2010 - $5,785.48; JUNE 1, 2010 - $5,785.48; SEPT 2, 2010 - $5,785.48; DEC 1, 2010 - $5,785.48; MARCH 1, 2011 - $5,785.48; JUNE 1, 2011 - $5,785.48; SEPT 1, 2011 - $5,785.48; DEC 1, 2011 - $5,785.48; RESPONDENT FAILED TO SUBMIT A FORM R FOR FORM A FOR HYDROGEN FLUORIDE, SULFURIC ACID, METHANOL, AND DICHLOROMETHANE TO THE ADMINISTRATOR OF EPA AND TO THE OFFICIAL DESIGNATED BY THE GOVERNOR OF THE STATE OF GA BY JULY 1 OF THE REQUIRED REPORTING YEAR. RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF EPCRA SEC 313 AT ITS FACILITY FOR CALENDAR YEARS 2007 AND 2006. RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR HYDROFLUORIC ACID TO THE SERC, THE LEPC, AND FIRE DEPT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YR 2008, AND TO THE LEPC AND FIRE DEPT FOR CALENDAR YRS 2007 AND 2006 BY MARCH 1 OF THE YEAR FOLLOWING THE CALENDAR YEARS FOR WHICH THE REPORT WAS REQUIRED. RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF EPCRA SEC 312 AT HIS FACILITY FOR CALENDAR YRS 2008, 2007, AND 2006.

Defendants (1)

• NIAGARA NATIONAL, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• NIAGARA NATIONAL CORP.

  2160-C HILLS AVE NW, ATLANTA, GA, 30318

  Registry ID: 110009359112

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• NIAGARA NATIONAL, LLCentered 2010-01-26

  Primary law: EPCRA

  Federal penalty: $44,760

Timeline (4 milestones)

• 2010-01-26Complaint Filed/Proposed Order
• 2010-01-26Final Order Issued
• 2010-02-02Enforcement Action Data Entered
• 2010-11-02Enforcement Action Closed