EPA v. BRITE BLUE POOLS, INC. DBA PINCH A PENNY

Case summary

4/23/2013 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY $13,300 ($8,867 - EPCRA VIOLATION AND $4,433 CERCLA VIOLATION). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ON JUNE 7, 2012, RESPONDENT HAD A RELEASE OF SODIUM HYPOCHLORITE ABOVE THE RQ AT THE FACILITY ORDER ALLEGES: VIOLATION OF SECTION 103(a) OF CERCLA - RESPONDENT FAILED TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT AHD KNOWLEDGE OFTHE RELEASE OF SODIUM HYPOCHLORITE IN AMOUNT GREATER THAN 1 BUT LESS THAN OR EQUAL TO 5 TIMES ITS RQ AT RESPONDENT'S FACILITY. VIOLATION OF SECTION 304(a) OF EPCRA - RESPODENT FAILEDTO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF SODIUM HYPOCHLORITE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. VIOLATION OF SECTION 304(c) OF EPCRA - RESPONDENT FAILED TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE SERC AND LEPC WHEN THERE HAD BEEN A RELEASE OF SODIUM HYPOCHLORITE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (2)

• BRITE BLUE POOLS, INC. (SB)Named in complaintNamed in settlement
• PINCH A PENNY (SB)Named in complaintNamed in settlement

Facilities (1)

• PINCH A PENNY #42

  8880 NW 44TH ST, SUNRISE, FL, 33351

  Registry ID: 110038259782

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 304 — Emergency Release Notification Section 313 Program

Enforcement conclusions (1)

• BRITE BLUE POOLS, INC. DBA PINCH A PENNYentered 2013-04-23

  Primary law: EPCRA

  Federal penalty: $13,300

Timeline (4 milestones)

• 2013-04-23Final Order Issued
• 2013-04-23Complaint Filed/Proposed Order
• 2013-05-01Enforcement Action Data Entered
• 2013-08-07Enforcement Action Closed