EPA v. Hardy Industrial Technologies (Painesville OH) CAFO

Case summary

Respondent is the owner or operator of the Hardy Industrial Technologies facility located at 679 Hardy Road, Painesville Township, Ohio, and it is a facility under Section 329(4) of EPCRA. In this CAFO, USEPA determined that: Count 1: As of January 4, 2013, Respondent had not submitted to the SERC an MSDS for brine solution or a list showing brine solution Count 2: As of January 4, 2013, Respondent had not submitted to the LEPC an MSDS for brine solution or a list showing brine solution. Count 3: As of January 4, 2013 Respondent had not submitted to the Painesville Township Fire Department an MSDS for brine solution or a list showing brine solution Count 4: As of January 4, 2013, Respondent had not submitted to the SERC an MSDS for sodium hydroxide or a list showing sodium hydroxide Count 5: As of January 4, 2013, Respondent had not submitted to the LEPC an MSDS for sodium hydroxide or a list showing sodium hydroxide Count 6: As of January 4, 2013, Respondent has not submitted to the Painesville Township Fire Department an MSDS for sodium hydroxide or a list showing sodium hydroxide Count 7: As of January 4, 2013, Respondent had not submitted to the SERC an MSDS for nickel catalyst or a list for nickel catalyst Count 8: As of January 4, 2013, Respondent had not submitted to the LEPC an MSDS or a list for nickel catalyst Count 9: As of January 4, 2013, Respondent had not submitted to the Painesville Township Fire Department an MSDS for nickel catalyst or a list showing nickel catalyst. Count 10: As of January 4, 2013, Respondent had not submitted to the SERC an Emergency and Hazardous Chemical Inventory Form including brine solution, sodium hydroxide and nickel catalyst by March 1, 2012 for Calendar Year 2011 Count 11: As of January 4, 2013 Respondent had not submitted to the LEPC and Emergency and Hazardous Chemical Inventory Form including brine solution, sodium hydroxide, and nickel catalyst by March 1, 2012 for calendar year 2011 Count 12: As of January 4, 2013 Respondent had not submitted to the Painesville Township Fire Department an Emergency and Hazardous Chemical Inventory Form including brine solution, sodium hydroxide and nickel catalyst by March 1, 2021 for calendar year 2011. USEPA determined that an appropriate civil penalty to settle this action is $31,559.00, to be paid in two portions: one within 45 days of the effective date of this CAFO for $15,789.38, and the second portion of $15, 769.69 civil penalty for the EPCRA violations, totaling $31,559.07. Respondent must also complete a supplemental environmental Project (SEP) as outlined in the CAFO within six months of the effective date of the CAFO. As of 2/22/2018 respondent has completed the implementation of the SEP as required under the terms of the CAFO dated 1/22/2015.

Defendants (1)

• Hardy Industrial Technologies, LLCNamed in complaintNamed in settlement

Facilities (2)

• HARDY INDUSTRIAL TECHNOLOGIES

  679 HARDY ROAD, PAINESVILLE, OH, 44077-4574

  Registry ID: 110000385903

• HARDY INDUSTRIAL TECHNOLOGIES

  679 HARDY ROAD, PAINESVILLE, OH, 44077-4574

  Registry ID: 110000385903

Statutes cited

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

Enforcement conclusions (1)

• Hardy Industrial Technologies (Painesville OH) CAFOentered 2015-01-22

  Primary law: EPCRA

  Federal penalty: $31,559 · SEP: $200,000

Timeline (4 milestones)

• 2015-01-22Complaint Filed/Proposed Order
• 2015-01-22Final Order Issued
• 2015-01-23Enforcement Action Data Entered
• 2018-02-22Pipeline Closed