This enforcement action was filed in response to violations to EPCRA 312 which were discovered during an EPCRA compliance inspection conducted on 4/9/2009. It was determined that the facility had 187,600 lbs. of #2 fuel oil stored in a 35,000 gallon underground storage tank. #2 Fuel Oil has a 10,000 lb. threshold level for reporting. Ever-Green violated Section 312 of EPCRA by not providing a Tier II inventory report including #2 fuel oil to the SERC and the local fire depatment for calendar years 2006, 2007 and 2008.