EPA v. PROPANE TRANSPORT, INC.

Case summary

U.S. EPA FILED A COMPLAINT AGAINST PROPANE TRANSPORT, INC. ( PTI ), SEEKING A $25,000 PENALTY FOR PTI'S FAILURE TO IMMEDIATELY NOTIFY THE NATIONAL /RESPONSE CENTER (NRC) OF ITS RELEASE OF A QUANTITY OF ANHYDROUS AMMONIA THAT EXCEEDED A REPORTABLE QUANTITY BY 27 TIMES. PTI DID NOT NOTIFY THE NRC UNTIL 2 DAYS AFTER THE RELEASE. PTI DOES NOT DENY THAT THE RELEASE OCCURRED AND THAT THEY FAILED TO NOTIFY FOR 2 DAYS. PTI CONTENDS, HOWEVER, THAT THE PENALTY IS NOT JUSTIFIABLE, GIVEN THE VOILATION. EPA FILED AN AMENDED COMPLAINT TO CLARIFY SOME FACTS THAT CAME ATO LIGHT DURING SETTLEMENT NEGOTIATIONS. THE AMOUNT OF THE PROPOSED PENALTY WAS NOT ALTERED. BOTH PARTIES HAVE FILED THEIR RESPECTIVE PREHEARING EXCHANGES. EPA PLANS TO FILE A MOTION FOR ACCELERATED DECISION ON LIABILITY.

Defendants (1)

• PROPANE TRANSPORT, INC.Named in complaintNamed in settlement

Facilities (1)

• PROPANE TRANSPORT INC

  1734 SR 131, MILFORD, OH, 45150

  Registry ID: 110010739335

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• PROPANE TRANSPORT, INC.entered 1996-02-13

  Primary law: CERCLA

  Federal penalty: $11,000

Timeline (4 milestones)

• 1993-08-12Complaint Filed/Proposed Order
• 1994-07-14Enforcement Action Data Entered
• 1996-02-13Final Order Issued
• 1996-02-13Enforcement Action Closed