EPA v. Berger Transfer & Storage (Saint Paul MN) ESA

Case summary

Berger Transfer and Storage is a warehouse and storage center for household goods. This facility was referred to EPA by the Minnesota State Emergency Response Commission (SERC). Berger reported the storage of 100,500 pounds (10XTQ of diesel fuel and 90,000 9XTQ of gasoline on their calendar year 2011 Tier II under EPCRA, but failed to submit Tier II reports for subsequent years. An inspection was conducted at this facility on March 10, 2015. Based on this inspection report, Berger had present 71,500 pounds of diesel fuel and 60,000 pounds of gasoline in calendar years 2012-2014. Berger failed to submit Tier II reports to the SERC and fire department including diesel fuel and gasoline for calendar years 2012-2014. They came into compliance on August 25, 2015. Berger certified that they corrected all violations and paid a $2,000 civil penalty to the U.S. Treasury. This has been determined consistent with EPA policy. The penalty was $2,000.

Defendants (1)

• Berger Tansfer & StorageNamed in complaintNamed in settlement

Facilities (1)

• BERGER TRANSFER & STORAGE, INC.

  2950 LONG LAKE ROAD, SAINT PAUL, MN, 55113

  Registry ID: 110003845304

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms

Enforcement conclusions (1)

• Berger Transfer & Storage (Saint Paul MN) ESAentered 2015-09-09

  Primary law: EPCRA

  Federal penalty: $2,000

Timeline (5 milestones)

• 2015-09-09Pipeline Closed
• 2015-09-09Complaint Filed/Proposed Order
• 2015-09-09Final Order Issued
• 2015-09-09Enforcement Action Closed
• 2015-09-14Enforcement Action Data Entered