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WEST VIRGINIA DAIRY SUED BY EPA

Release Date: 10/8/1998
Contact Information: Bonnie J. Smith (215)814-5543 William Smith (215) 814-2690

PHILADELPHIA - The U.S. Environmental Protection Agency today announced that it has filed a complaint against Tebay Dairy Co., a Parkersburg, W.Va. convenience store and gas station, for failing to report properly its storage of hazardous materials.

The adminstrative complaint alleges that Tebay Dairy violated the federal Emergency Planning and Community Right-to-Know Act (EPCRA) by failing to inform state and local emergency response officials of its storage of gasoline and diesel fuel from 1994 to 1996.   EPA proposes a $31,875 penalty for these violations.

EPCRA protects public health and the environment from accidental releases of hazardous and toxic chemicals.  The law requires companies storing more than a threshold quantity of hazardous chemicals to file safety data sheets with state and local emergency response agencies and the local fire department.
 
Data sheets are significant because they describe the health risks associated with the chemical, as well as safety precautions for handling or accidental exposure.  The law also requires companies to annually update its data sheets and advise local officials.  

The company  may request a hearing to contest the alleged violations and proposed penalty.  It is important to note that this complaint involves alleged reporting violations and not unlawful releases of  these chemicals into the environment.

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