EPA v. LIN-GAS, INC. (NATIONAL CASE)

Case summary

4/11/2018 - CONSENT AGREEMENT AND FINAL ORDER (CAFO) ISSUED BY REGIONS 5 AND 4, A TOTAL PENALTY OF $147,346 (ASSESSED PENALTY OF 73,673 EACH REGION). RESPONDENT SHALL MAKE FOUR INSTALLMENT PAYMENTS. THE FIRST PAYMENT OF $36,836.50 WITHIN THIRTY DAYS OF EFFECTIVE DATE OF THE CAFO. THE LAST PAYMENT OF $36,928.50 IS DUE WITHIN 360 DAYS OF EFFECTIVE DATE OF THE CAFO. REGION 4 (FOUR FACILITIES) FACILITY 5 - ELKTON, TODD COUNTY, KENTUCKY, FACILITY 6 - HENDERSON, HENDERSON COUNTY, KENTUCKY, FACILITY 7- CALHOUN, MCLEAN COUNTY, KENTUCKY, FACILITY 8 - SLAUGHTERS, WEBSTER COUNTY, KENTUCKY ORDER ALLEGES: DURING AT LEAST ONE PERIOD OF TIME IN CALENDAR YEARS 2012 AND 2013 PROPANE WAS PRESENT AT FACILITY 5 IN AMOUNT EQUAL TO OR GREATER THAN THE MINIMUM THRESHOLD LEVEL. RESPONDENT WAS REQUIRED TO SUBMIT TO THE SERC, LEPC AND FIRE DEPARTMENT, ON OR BEFORE MARCH 1, 2013, A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FOR INCLUDING PROPANE, FOR CALENDAR YEAR 2012, AND ON OR BEFORE MARCH 1, 2014 FOR CALENDAR YEAR 2013. RESPONDENT SUBMITTED TO THE SERC AND LEPC AND FIRE DEPARTMENT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM INCLUDING PROPANE ON JULY 11, 2014, FOR CALENDAR YEAR 2012 AND ON JULY 10, 2014 FOR CALENDAR YEAR 2013. EACH DAY THAT RESPONDENT FAILED TO SUBMIT TO THE SERC A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM INCLUDING PROPANE BY MARCH 1, 2013 FOR CALENDAR YEAR 2012, AND MARCH 1, 2014 FOR CALENDAR YEAR 2013 CONSTITUTES TWO SEPARATE VIOLATION OF SECTION 312(a) OF EPCRA. EACH DAY THAT RESPONDENT FAILED TO SUBMIT TO THE SERC A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM INCLUDING PROPANE BY MARCH 1, 2013 FOR CALENDAR YEAR 2012, AND MARCH 1, 2014 FOR CALENDAR YEAR 2013 CONSTITUTES TWO SEPARATE VIOLATION OF SECTION 312(a) OF EPCRA. EACH DAY THAT RESPONDENT FAILED TO SUBMIT TO THE LEPC A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM INCLUDING PROPANE BY MARCH 1, 2013 FOR CALENDAR YEAR 2012, AND MARCH 1, 2014 FOR CALENDAR YEAR 2013 CONSTITUTES TWO SEPARATE VIOLATION OF SECTION 312(a) OF EPCRA. EACH DAY THAT RESPONDENT FAILED TO SUBMIT TO THE FIRE DEPARTMENT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM INCLUDING PROPANE BY MARCH 1, 2013 FOR CALENDAR YEAR 2012, AND MARCH 1, 2014 FOR CALENDAR YEAR 2013 CONSTITUTES TWO SEPARATE VIOLATION OF SECTION 312(a) OF EPCRA.

Defendants (1)

• LIN-GAS, INC.Named in complaintNamed in settlement

Facilities (4)

• LIN-GAS, INC. - HENDERSON

  2270 S. GREEN STREET, HENDERSON, KY, 42420-4357

  Registry ID: 110056930905

• LIN-GAS, INC. - BUCK CREEK

  4075 US 431 N, CALHOUN, KY, 42327

  Registry ID: 110056643878

• LIN-GAS, INC.

  1784 GUTHRIE RD., ELKTON, KY, 42220

  Registry ID: 110056679777

• LIN GAS, INC.

  11390 HANSON ROAD, SLAUGHTERS, KY, 42413

  Registry ID: 110070226274

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms

Enforcement conclusions (1)

• LIN-GAS, INC. (NATIONAL CASE)entered 2018-04-11

  Primary law: EPCRA

  Federal penalty: $73,673

Timeline (3 milestones)

• 2018-04-11Complaint Filed/Proposed Order
• 2018-04-11Final Order Issued
• 2018-04-26Enforcement Action Data Entered