EPA v. THE CHEESECAKE FACTORY BAKERY, INC.

Case summary

5/25/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $26,325. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: AT SOME TIME DURING THE CALENDAR YEARS 2008, 2007, AND 2006, AMMONIA WAS PRESENT AT THE FACILITY IN AN AMOUNT EQUAL TO OR GREATER THAN 500 POUNDS. AMMONIA IS AN EXTREMELY HAZARDOUS SUBSTANCE AS DEFINED UNDER SECTION 329(3) OF EPCRA, 42 U.S.C. SECTION 11049(3), FOR WHICH RESPONDENT IS REQUIRED TO PREPARE OR HAVE AVAILABLE AN MSDS UNDER OSHA AT ITS FACILITY. RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR AMMONIA TO THE SERC, THE LEPC, AND THE FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2008, 2007, AND 2006, BY MARCH 1 OF THE FOLLOWING YEAR. RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 312 OF EPCRA, 42 U.S.C. SECTION 11022, AT ITS FACILITY FOR CALENDAR YEARS 2008, 2007, AND 2006.

Defendants (1)

• THE CHEESECAKE FACTORY BAKERY, INC.Named in complaintNamed in settlement

Facilities (1)

• CHEESECAKE FACTORY

  6792 CORPORATION PKWY, BATTLEBORO, NC, 27809

  Registry ID: 110024598988

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms

Enforcement conclusions (1)

• THE CHEESECAKE FACTORY BAKERY, INC.entered 2010-05-25

  Primary law: EPCRA

  Federal penalty: $26,325

Timeline (4 milestones)

• 2010-05-25Final Order Issued
• 2010-05-25Complaint Filed/Proposed Order
• 2010-06-02Enforcement Action Data Entered
• 2010-06-03Enforcement Action Closed