EPA v. Advanced Concrete (Waunakee) CAFO (SB)

Case summary

During an EPCRA 311/312 compliance inspection conducted on 7/21/2009, it was discovered that Advanced Concrete had four hazardous substances on site in quantities over the 10,000 lb EPCRA reporting threshold for calendar years 2006, 2007 and 2008. The hazardous chemicals were Portland Cement, sand, slag and fly ash. In Wisconsin, Batch Plant Reports are used as a substitute for EPCRA Tier II reports but can only be used for hazardous substances directly involved in the batch concrete process. Advanced Concrete violated EPCRA 312 by not providing a Batch Plant Report and/or a Tier II Report including the four hazardous chemicals to their SERC, LEPC and local fire department for calendar years 2006, 2007 and 2008 on or before March 1st of each year.

Defendants (1)

• Advanced Concrete (Waunakee, WI)Named in complaintNamed in settlement

Facilities (1)

• ADVANCED CONCRETE INC.

  6075 COUNTY ROAD K, WAUNAKEE, WI, 53597

  Registry ID: 110039168049

Statutes cited

• EPCRA 311 — Material Safety Data Sheets (MSDS)
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms

Enforcement conclusions (1)

• Advanced Concrete (Waunakee) CAFO (SB)entered 2012-08-08

  Primary law: EPCRA

  Federal penalty: $16,594 · SEP: $39,600

Timeline (3 milestones)

• 2012-08-08Final Order Issued
• 2012-08-08Complaint Filed/Proposed Order
• 2012-08-10Enforcement Action Data Entered