EPA v. BIG CITY GYROS & PITA, LLC

Case summary

8/19/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $9,600. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: AT SOME TIME DURING THE CALENDAR YEARS OF 2009 AND 2008, 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 SULFURIC ACID TO THE SEC, THE LEPC, AN FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2009 AND 2008, BY MARCH 1 OF THE FOLLOWING YEAR. EPA ALLEGES THAT RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 312 OF EPCRA, AT ITS FACILITY FOR CALENDAR YEARS 2009 AND 2008.

Defendants (1)

• BIG CITY GYROS & PITA, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• BIG CITY GYROS & PITA, LLC

  223 NORTH MCCASKEY ROAD, WILLIAMSTON, NC, 27892

  Registry ID: 110015634152

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms

Enforcement conclusions (1)

• BIG CITY GYROS & PITA, LLCentered 2011-08-19

  Primary law: EPCRA

  Federal penalty: $9,600

Timeline (4 milestones)

• 2011-08-19Complaint Filed/Proposed Order
• 2011-08-19Final Order Issued
• 2011-08-29Enforcement Action Data Entered
• 2011-09-07Enforcement Action Closed