EPA v. Allegan Metal Finishing Company (Allegan MI) Complaint

Case summary

Count 1: As of January 23, 2013, Respondent had not submitted to the LEPC and the Allegan Fire District a completed Emergency and Hazardous Chemical Inventory Form including nitric acid for calendar year 2009 under EPCRA Section 312 as required; Count 2: As of January 23, 2013, Respondant had not submitted to the LEPC and the Allegan Fire Department a completed Emergency and Hazardous Chemical Inventory Form including nitric acid by March 1, 2011, for calendar year 2010 as required under Section 312 of EPCRA; Count 3: As of January 23, 2013, Respondent had not submitted to the LEPC a completed Emergency and Hazardous Chemical Inventory Form including nitric acid for calendar year 2011 as required by EPCRA Section 312; Count 4: As of January 23, 2013, Respondent had noot submitted to the Allegan Fire Department a completed Emergency and Hazardous Chemical Inventory Form including nitric acid for calendar year 2011 as required by EPCRA Section 312; Count 5: As of May 9, 2013, Respondent had not submitted to the LEPC a completed Emergency and Hazardous Chemical Inventory Form including nitric acid for the calenday year 2012; and Count 6: As of May 9, 2013, Respondent had not submitted to the Allegan Fire Department a completed Emergency and Hazardous Chemical Inventory Form including nitric acid for calendar year 2012 as required by EPCRA Section 312. Complainant USEPA has allocated the proposed penalties to the various EPCRA countsd of this Complaint as follows: Count 1 - : $1,500.00; Count 2 - $1,500.00; Count 3- $26,560.00; Count 4 - $26,560.00; Count 5 - $26,560.00; Count 6 - $26,560.00, for a TOTAL EPCRA Section 325 penalty of $109,240.00 The Respondent agreed to a CAFO with US EPA based on a complaint filed on February 25, 2015. The complaint alleges that Respondent violated Section 312(a) of the Emergency Planning and Community Right to Know Act by failing to submit to the Allegan County Local Emergency Planning Committee (LEPC) and to the Allegan Fire Department a completed Emergency and Hazardous Chemical Inventory Form for Calendar Years 2009 - 2012. Respondent agreed to pay a civil penalty of $20,000.

Defendants (1)

• Allegan Metal Finishing CompanyNamed in complaintNamed in settlement

Facilities (1)

• ALLEGAN METAL FINISHING CO.

  1274 LINCOLN RD., ALLEGAN, MI, 49010

  Registry ID: 110000408844

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms

Enforcement conclusions (1)

• Allegan Metal Finishing Company (Allegan MI) Complaintentered 2015-10-14

  Primary law: EPCRA

  Federal penalty: $20,000

Timeline (5 milestones)

• 2015-02-25Complaint Filed/Proposed Order
• 2015-02-25Enforcement Action Data Entered
• 2015-10-14Final Order Issued
• 2015-11-13Compliance Achieved
• 2015-11-13Enforcement Action Closed