EPA v. Leonhardt Plating Company (Cincinnati OH) CAFO

Case summary

Nitric acid and sulfuric acid are both extremely hazardous substances , each with a minimum threshold level of 500 pounds. Respondent had both substances on its facility during Calendar Years 2012, 2013 and 2014. Count 1: Respondent failed to timely submit to the SERC, the LEPC and the local fire department a completed Emergency and Hazardous Chemical Inventory Form including nitric acid and sulfuric acid by March 1, 2013 for calendar year 2012. Respondent submitted to the SERC, LEPC and local fire department a completed Inventory form including nitric acid and sulfuric acid on October 1, 2015 for calendar year 2012. Count 2: Respondent failed to timely to the SERC, the LEPC and the local fire department a completed Emergency and Hazardous Inventory Form including nitric acid and sulfuric acid by March 1, 2014 for calendar year 2013. The Form was submitted on October 1, 2015 for calendar year 2013. Count 3: Respondent failed to timely submit to the SERC a competed Emergency and Hazardous Chemical Inventory Form by March 1, 2015 for calendar year 2014. Respondent submitted the completed Form on October 1, 2015 for calendar year 2014. Count 4: Respondent failed to timely submit to the LEPC a completed Emergency and Hazardous Chemical Inventory Form including nitric acid and sulfuric acid by March 1, 2015 for calendar year 2014. The form was submitted on October 1, 2015 for calendar year 2014. Count 5: Respondent failed to timely submit to the Cincinnati Fire Department a completed Emergency and Hazardous Chemical Inventory Form including nitric acid and sulfuric acid by March 1, 2015 for calendar year 2014. The form was correctly submitted on October 1, 2015 for calendar year 2014. A civil penalty of $49,545 was agreed to, to be paid in two parts:$24,772.50 within 30 days of the effective date of this CAFO, and $24,875.72 within 180 days of this CAFO.

Defendants (1)

• Leonhardt Plating CompanyNamed in complaintNamed in settlement

Facilities (1)

• LEONHARDT PLATING CO

  5753 ESTE AVENUE, CINCINNATI, OH, 45232-1499

  Registry ID: 110004594387

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms

Enforcement conclusions (1)

• Leonhardt Plating Company (Cincinnati OH) CAFOentered 2017-05-22

  Primary law: EPCRA

  Federal penalty: $49,545

Timeline (5 milestones)

• 2017-05-22Final Order Issued
• 2017-05-22Complaint Filed/Proposed Order
• 2017-05-24Enforcement Action Data Entered
• 2017-11-29Enforcement Action Closed
• 2017-11-29Pipeline Closed