EPA v. DUKE CITY DISTRIBUTING

Case summary

1. SECTION 325(C) OF THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT ( EPCRA ), 42 U.S.C. SECTION 11045(C). 2. DUKE CITY DISTRIBUTING 3203 BRODWAY, SE ALBUQUERQUE, BERNALILLO COUNTY, NEW MEXICO 87105 3. RESPONDENT WAS IN VIOLATION OF THE REPORTING REQUIREMENTS OF SECTION 312(A) OF EPCRA BY FAILING TO REPORT STORAGE OR USAGE OF DIESEL FUEL AT THE FACILITY TO THE LEPC, FIRE DEPARTMENT, AND THE SERC, AS REQUIRED. 4. RELIEF SOUGHT PURSUANT TO SECTION 325(C) OF EPCRA, EPA PROPOSED A CIVIL PENALTY OF $27,500 FOR THE VIOLATION CITED.

Defendants (1)

• DUKE CITY DISTRIBUTINGNamed in complaintNamed in settlement

Facilities (2)

• DUKE CITY DISTRIBUTING CO

  3203 BROADWAY SE, ALBUQUERQUE, NM, 87105

  Registry ID: 110006624787

• DUKE CITY DISTRIBUTING CO

  3203 BROADWAY SE, ALBUQUERQUE, NM, 87105

  Registry ID: 110006624787

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms

Enforcement conclusions (1)

• DUKE CITY DISTRIBUTINGentered 1999-12-27

  Primary law: EPCRA

  Federal penalty: $300

Timeline (4 milestones)

• 1999-09-30Complaint Filed/Proposed Order
• 1999-10-14Enforcement Action Data Entered
• 1999-12-27Final Order Issued
• 2002-09-09Enforcement Action Closed