7/7/03 - COMPLAINT FILED, PROPOSING A PENALTY OF $22,254. COMPLAINT ALLEGES:
COUNT 1: RESPONDENT HAD AT SOME TIME PRIOR TO MARCH 1998 AT LEAST 10,000 POUNDS OF DIESEL FUEL PRESENT AT THE PIKEVILLE FACILITY. RESPONDENT DID NOT SUBMIT, ON OR BEFORE OCTOBER 17, 1987, OR WITHIN 3 MONTHS AFTER RESPONDENT FIRST BECAME SUBJECT TO OSHA'S MSDS REQUIREMENTS, AN MSDS OR A LIST INCLUDING THE REQUIRED INFO ABOUT DIESEL FUEL TO THE LEPC, THE SERC, AND THE FIRE DEPT WITH JURISDICTION OVER THE FACILITY.
COUNT 2: RESPONDENT HAD AT SOME TIME PRIOR TO MARCH 1998 AT LEAST 10,000 POUNDS OF DIESEL FUEL PRESENT AT THE PAINTVILLE FACILITY. RESPONDENT DID NOT SUBMIT, ON OR BEFORE OCTOBER 17, 1987, OR WITHIN 3 MONTHS AFTER RESPONDENT FIRST BECAME SUBJECT TO OSHA'S MSDS REQUIREMENTS, AN MSDS OR A LIST INCLUDING THE REQUIRED INFO ABOUT DIESEL FUEL TO THE LEPC, THE SERC, AND THE FIRE DEPT WITH JURISDICTION OVER THE FACILITY.
COUNT 3: DURING CALENDAR YEAR 1999, DIESEL FUEL WAS PRESENT AT THE PIKEVILLE FACILITY IN AN AMOUNT EQUAL TO OR GREATER THAN THE 10,000-POUND THRESHOLD ESTABLISHED IN 40 CFR 370.20(b)(2). RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR DIESEL FUEL FOR CALENDAR YEAR 1999 TO THE LEPC, THE SERC, AND THE FIRE DEPT WITH JURISDICTION OVER THE FACILITY BY MARCH 1, 2000 AS REQUIRED BY SECTION 312 OF EPCRA.
COUNT 4: DURING CALENDAR YEAR 1999, DIESEL FUEL WAS PRESENT AT THE PAINTVILLE FACILITY IN AN AMOUNT EQUAL TO OR GREATER THAN TH