EPA v. CHEM-WAY CORPORATION

Case summary

12/29/2009 - COMPLAINT FILED, PROPOSING A PENALTY OF $100,500. COMPLAINT ALLEGES: COUNT 1 - RESPONDENT FAILED TO SUBMIT COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORMS (TIER I OR TIER II) CONTAINING HYDROGEN PEROXIDE, SULFURIC ACID, ACETONE, ACETIC ACID, POTASSIUM HYDROXIDE, SODIUM HYDROXIDE, SODIUM HYDROSULFIDE, HYDROCHLORIC ACID, AND PHOSPHORIC ACID FOR CALENDAR YEAR 2007 TO THE LEPC, SERC AND FIRE DEPARTMENT WITH JURIDICTION OVER THE FACILITY BY MARCH 1, 2008. RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 312(a) OF EPCRA FOR CALENDAR YEAR 2007. COUNT 2 - RESPONDENT FAILED TO SUBMIT COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORMS (TIER I OR TIER II) CONTAINING HYDROGEN PEROXIDE, SULFURIC ACID, ACETONE, ACETIC ACID, POTASSIUM HYDROXIDE, SODIUM HYDROXIDE, SODIUM HYDROSULFIDE, HYDROCHLORIC ACID, AND PHOSPHORIC ACID FOR CALENDAR YEAR 2006 TO THE LEPC, SERC AND FIRE DEPARTMENT WITH JURIDICTION OVER THE FACILITY BY MARCH 1, 2007. RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 312(a) OF EPCRA FOR CALENDAR YEAR 2006. COUNT 3 - RESPONDENT FAILED TO SUBMIT COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORMS (TIER I OR TIER II) CONTAINING HYDROGEN PEROXIDE, SULFURIC ACID, ACETONE, ACETIC ACID, POTASSIUM HYDROXIDE, SODIUM HYDROXIDE, SODIUM HYDROSULFIDE, HYDROCHLORIC ACID, AND PHOSPHORIC ACID FOR CALENDAR YEAR 2005 TO THE LEPC, SERC AND FIRE DEPARTMENT WITH JURIDICTION OVER THE FACILITY BY MARCH 1, 2006. RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 312(a) OF EPCRA FOR CALENDAR YEAR 2005. 10/7/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $12,000, DUE IN 2 INSTALLMENT PAYMENTs, THE FIRST BY OCT 1, 2010, THE SECOND BY FEB 28, 2011.

Defendants (1)

• CHEM-WAY CORPORATION (SB)Named in complaintNamed in settlement

Facilities (1)

• CHEM-WAY CORP

  1816 PARKER DR, CHARLOTTE, NC, 28266

  Registry ID: 110004022940

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms

Enforcement conclusions (1)

• CHEM-WAY CORPORATIONentered 2010-10-07

  Primary law: EPCRA

  Federal penalty: $12,000

Timeline (4 milestones)

• 2009-12-29Complaint Filed/Proposed Order
• 2009-12-29Enforcement Action Data Entered
• 2010-10-07Final Order Issued
• 2010-12-07Enforcement Action Closed