EPA v. W.E. BLAIN AND SONS, INC.

Case summary

4/3/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $69,480. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: AT SOME TIME DURING THE CALENDAR YEARS OF 2009, 2008, AND 2007, DIESEL FUEL WAS PRESENT AT FACILITIES IN AN AMOUNT EQUAL TO OR GREATER THAN 10,000 POUNDS. DIESEL FUEL IS A HAZARDOUS CHEMICAL AS DEFINED BY SECTION 329(5) OF EPCRA, 42 U.S.D. 11049(5) FOR WHICH RESPONDENT IS REQUIRED TO PREPARE OR HAVE AVAILABLE AN MSDS UNDER OSHA AT ITS FACILITIES. RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR DIESEL FUEL TOTHE SERC, THE LEPC, AND FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITIES FOR CALENAR YEARS 2009, 2008, AND 2007, BY MARCH 1 OF THE YEAR FOLLOWING THE CALENDAR YEAR FOR WHICH A REPORT WAS REQUIRED. RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 312 OF EPCRA, AT ITS FACILITIES FOR CALENDAR YEARS 2009, 2008 AND 2007.

Defendants (1)

• W. E. BLAIN & SONS, INC.Named in complaintNamed in settlement

Facilities (5)

• THE BLAIN COMPANY (W.E. BLAIN & SONS, INC.)

  693 HIGHWAY 61 N, NATCHEZ, MS, 39119

  Registry ID: 110043257141

• W.E. BLAIN & SONS, INC.

  2407 HIGHWAY 27, MONTICELLO, MS, 399654

  Registry ID: 110016776372

• W.E. BLAIN & SONS, INC.

  2142 HIGHWAY 80, MOTON, MS, 39117

  Registry ID: 110045474161

• W.E. BLAIN & SON

  2050 BAILEY ROAD, GEORGETOWN, MS, 39078

  Registry ID: 110043257141

• W.E. BLAIN & SONS, INC.

  98 AND 104 PEARCE ROAD, MT. OLIVE, MS, 39119

  Registry ID: 110002213514

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms

Enforcement conclusions (1)

• W.E. BLAIN AND SONS, INC.entered 2012-04-03

  Primary law: EPCRA

  Federal penalty: $67,480 · SEP: $11,788

Timeline (4 milestones)

• 2012-04-03Complaint Filed/Proposed Order
• 2012-04-03Final Order Issued
• 2012-04-17Enforcement Action Data Entered
• 2012-05-02Enforcement Action Closed