EPA v. CELLCO PARTNERSHIP

Case summary

MARCH 1998 CELLCO PARTNERSHIP ( CELLCO ), NOTIFIED EPA THAT IT HAD POSSIBLE NON-COMPLIANCE WITH CLEAN WATER ACT (CWA) A ND EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT (EPCRA ) REQUIREMENTS, AND THAT THEY HAD INITIATED AN AUDIT OF EPCR A AND CWA (SPCC PLANS) COMPLIANCE STATUS FOR SEVERAL CELLULA R FACILITIES ACROSS SEVERAL STATES. CELLCO NOTIFIED EPA OF THEIR VIOLATIVE SITES ON A ROLLING BASIS. UPON COMPLETION O F THEIR AUDIT, THEY PROVIDED EPA INFORMATION CONCERNING VIOL ATIONS OF EPCRA 311 AND 312 RELATED TO THE PRESENCE OF SUL FURIC ACID AND DIESEL FUEL AT 185 FACILITIES LOCATED IN 14 S TATES (AZ,CT,DE,MA,MD,NC,NJ,NH,NM,NY,PA,RI,SC,TX), AND THIRT EEN FACILITIES VIOLATING SPCC REQUIREMENTS LOCATED IN 10 STA TES (AZ,DE,MA,MD,NC,NJ,NY,PA,SC,TX).

Defendants (1)

• CELLCO PARTNERSHIP AND AFFILIATESNamed in complaintNamed in settlement

Facilities (1)

• CELLCO PARTNERSHIP

  180 WASHINGTON VALLEY RD, BEDMINSTER, NJ, 079212120

  Registry ID: 110010646480

Statutes cited

• EPCRA 311 — Material Safety Data Sheets (MSDS)
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• CELLCO PARTNERSHIPentered 1999-04-07

  Primary law: CWA

  Federal penalty: $49,177

Timeline (3 milestones)

• 1999-02-05Complaint Filed/Proposed Order
• 1999-04-07Final Order Issued
• 1999-10-21Enforcement Action Data Entered