EPA v. Sherman Dixie Concrete Industries (Dayton) CAFO (National Case)

Case summary

This is a civil penalty pursuant to Section 325 of EPCRA. USEPA and Sherman Dixie Concrete Industries, Inc. desired to resolve this matter and settle the allegations within without a formal hearing, and so have agreed to this Consent Agreement and Final Order (CAFO). Respondent is Sherman Dixie Concrete Industries, Inc, a corporation doing business in the State of Alabama, Indiana, Ohio, Tennessee and the Commonwealth of Kentucky. Under Section 313 of EPCRA, the respondent has 10 or more full-time employees and is in SIC code 3272 and NAICS code 327332. Under Section 313(f) of EPCRA the reporting threshold for lead and mercury is 100 pounds and 10 pounds per year, respectively. Lead and mercury are toxic chemicals referenced at Section 313 (c), and are processed by Respondent in excess of the 100 pound threshold at both the Evansville and Dayton facilities during Calendar Years 2010 and 2008. Respondent failed to submit a Form R for lead to the Administrator of EPA and the officials designated by the Governors of the States of Indiana and Ohio by July 1 of the reporting year. Respondent violated the reporting requirements of Section 313(f) of EPCRA at its facilities for calendar years 2010, 2009, and 2008, reporting years 2011, 2010, and 2009 and is therefore subject to the assessment of penalties under EPCRA. Under Section 312 of EPCRA, the owner of a facility is required to prepare or have available a Material Safety Data Sheet (MSDS) for hazardous chemicals under the OSHA Act and shall submit to the Local Emergency Planning Committee (LEPC), the State Emergency Response Commission (SERC) and the fire department with jurisdiction by March 1, 1988 and on or before March 1 annually thereafter, a completed emergency and hazardous chemical inventory form (Tier I or Tier II) as described under federal regulations, containing the information required by that part for hazardous chemicals present at the facility at any one time in the calendar year in amounts equal to or greater than 10,000 pounds and containing the information required by that part for extremely hazardous substances. Respondent shall pay a penalty of $80,374 for the violations alleged herein within 30 days of the effect of this CAFO.

Defendants (1)

• Sherman Dixie Concrete Industries, Inc.Named in complaintNamed in settlement

Facilities (3)

• SHERMAN DIXIE CONCRETE INDUSTRIES INC. P

  1504 N. GETTYSBURG, DAYTON, OH, 45427

  Registry ID: 110037615934

• SHERMAN DIXIE CONCRETE INDUSTRIES INC. P

  1504 N. GETTYSBURG, DAYTON, OH, 45427

  Registry ID: 110037615934

• SHERMAN DIXIE CONCRETE INDUSTRIES INCORPORATED

  1213 STANLEY AVE, EVANSVILLE, IN, 47711

  Registry ID: 110011961467

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Sherman Dixie Concrete Industries (Dayton) CAFO (National Case)entered 2014-09-23

  Primary law: EPCRA

  Federal penalty: $14,093

Timeline (6 milestones)

• 2014-09-23Complaint Filed/Proposed Order
• 2014-09-23Final Order Issued
• 2014-09-24Enforcement Action Data Entered
• 2015-01-28Enforcement Action Closed
• 2015-01-28Compliance Achieved
• 2015-01-28Pipeline Closed