EPA v. FISHER BARTON SOUTH CAROLINA, INC.

Case summary

2/6/13 - NOTICE OF DETERMINATION ISSUED. IN A JUNE 29, 2011, LETTER TO EPA, FISHER BARTON SOUTH CAROLINA, INC., DISCLOSED VIOLATIONS OF THE EMERGENCY COMMUNITY RIGHT-TO-KNOW ACT (EPCRA). FISHER BARTON SOUTH CAROLINA, INC., DID NOT SUBMIT TRI FORM R REPORTS FOR SODIUM NITRATE, FOR CALENDAR YEARS 2007, 2008, AND 2009, AS REQUIRED BY EPCRA 313. PURSUANT TO THE AUDIT POLICY, AND BASED ON INFORMATION PROVIDED BY THE FACILITY, THE EPA MAKES THE FOLLOWING FINAL DETERMINATION FOR THE FEDERALLY ENFORCEABLE VIOLATIONS AS IDENTIFIED ABOVE: THE FACILITY DID VIOLATE THE REQUIREMENTS CITED ABOVE; HOWEVER, THE SELF-DISCLOSURE MET THE CONDITIONS OF THE AUDIT POLICY FOR 100 PERCENT ELIMINATION OF THE GRAVITY-BASED PENALTIES FOR THESE VIOLATIONS. THUS, EPA WILL NOT SEEK GRAVITY-BASED PENALTIES FOR THESE VIOLATIONS. IN ADDITION, FOR PURPOSES OF THIS DISCLOSURE, EPA WILL NOT SEEK THE ECONOMIC BENEFIT PORTION OF THE PENALTY.

Defendants (1)

• FISHER BARTON SOUTH CAROLINA, INC.Named in settlement

Facilities (1)

• FISHER BARTON SOUTH CAROLINA, INC.

  100 INDUSTRIAL BOULEVARD, FOUNTAIN INN, SC, 29644

  Registry ID: 110043694017

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• FISHER BARTON SOUTH CAROLINA, INC.entered 2013-02-06

  Primary law: EPCRA

Timeline (3 milestones)

• 2013-02-06Final Order Issued
• 2013-02-06Enforcement Action Closed
• 2013-02-13Enforcement Action Data Entered