EPA v. W. T. CHARLOTTE RE, L.L.C.

Case summary

5/2/2014 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $59,865 ($11,505 FOR CERCLA VIOLATION AND $48,360 FOR EPCRA VIOLATIONS). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: EPA ALLEGES THAT, ON AUGUST 22, 2011, A RELEASE OF AMMONIA ABOVE THE RQ OCCURRED AT THE FACILITY THAT RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSONS BEYOND THE SITE OR SITES ON WHICH THE FACILITY IS LOCATED. EPA ALLEGES THAT RESPONDENT AND PROVIDE COMMERCE VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION OF 304(a) OF EPCRA, AND THAT THEY FAILED TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS THEY HAD KNOWLEDGE OF A RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT THE FACILITY. EPA ALLEGES THAT, ON AUGUST 22, 2011, A RELEASE OF AMMONIA ABOVE THE RQ OCCURRED AT THE FACILITY THAT RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSONS BEYOND THE SITE OR SITES ON WHICH THE FACILITY IS LOCATED. EPA ALLEGES THAT RESPONDENT AND PROVIDE COMMERCE VIOLATED THE NOTIFCATION REQUIREMENTS OF SECTION 304(c) OF EPCRA, BY FAILING TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE TOTHE LEPC WHEN THERE HAD BEEN A RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ. EPA ALLEGES THAT, ON AUGUST 22, 2011, A RELEASE OF AMMONIA ABOVE THE RQ OCCURRED AT THE FACILITY THAT RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSONS BEYOND THE SITE OR SITES ON WHICH THE FACILITY IS LOCATED. EPA ALLEGES THAT RESPONDENT OR PROVIDE COMMERCE FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR 2012 AND 2011, TO THE SERC, THE LEPC, AND FIRE DEPARTMENT JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2011 AND 2010, BY MARCH 1 OF THE YEAR FOLLOWING THE CALENDAR YEARS FOR WHICH THE REPORT WAS REQUIRED. EPA ALLEGES THAT RESPONDENT AND PROVIDE COMMERCE VIOLATED THE REPORTING REQUIREMENTS OF SECTION 312 OF EPCRA, AT THE FACILITY FOR CALENDAR YEARS 2011 AND 2010. EPA ALLEGES THAT, ON AUGUST 22, 2011, A RELEASE OF AMMONIA ABOVE THE RQ OCCURRED AT THE FACILITY. EPA ALLEGES THAT RESPONDENT AND PROVIDE COMMERCE VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a) OF CERCLA, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS THEY HAD KNOWLEDGE OF THE RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT THE FACILITY.

Defendants (1)

• W. T. CHARLOTTE RE, L.L.C.Named in complaintNamed in settlement

Facilities (1)

• PRO FLOWERS

  11922 GENERAL DRIVE, CHARLOTTE, NC, 28/273

  Registry ID: 110044868505

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 304 — Emergency Release Notification Section 313 Program

Enforcement conclusions (1)

• W. T. CHARLOTTE RE, L.L.C.entered 2014-05-02

  Primary law: EPCRA

  Federal penalty: $59,865

Timeline (4 milestones)

• 2014-05-02Complaint Filed/Proposed Order
• 2014-05-02Final Order Issued
• 2014-05-05Enforcement Action Data Entered
• 2014-05-21Enforcement Action Closed