EPA v. EPCRA non-313 Dandy Cooling Co. LLC

Case summary

This is an administrative penalty action pursuant to Sections 311 and 312 of EPCRA issued to Dandy Cooling Company, LLC. The company self-disclosed the violations under the EPA Small Business Policy and Audit Policy. The violations involve failure to provide chemical hazard information to the State Emergency Response Commission (SERC), the Local Emergency Planning Committee (LEPC) as required under Section 311 of EPCRA and to provide annual chemical inventories to the SERC, LEPC and the fire department with jurisdiction for the reporting years 2004 thru 2008. Under the EPA's Audit Policy, if the facility has met all nine qualifying criteria, only the economic benefit portion of the penalty may be considered. The Complaint/Consent Agreement establishes that the economic benefit realized by the company as a result of the noncompliance was minimal and that the Respondent has qualified to have 100% of the penalty mitigated. The penalty would have been approximately $43,233 had the violation been discovered by EPA prior to the self-disclosure under the Policy.

Defendants (1)

• Dandy Cooling Co LLCNamed in complaintNamed in settlement

Facilities (1)

• DANDY COOLING COMPANY, LLC

  4190 SOUTH AVENUE 3-1/2 E, YUMA, AZ, 85365

  Registry ID: 110041884306

Statutes cited

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

Enforcement conclusions (1)

• EPCRA non-313 Dandy Cooling Co. LLCentered 2010-05-18

  Primary law: EPCRA

Timeline (4 milestones)

• 2010-05-18Final Order Issued
• 2010-05-18Enforcement Action Closed
• 2010-05-18Complaint Filed/Proposed Order
• 2010-06-02Enforcement Action Data Entered