RESPONDENT FAILED TO SUBMIT MSDSS AND TIER II REPORTS FOR THE CALENDAR YEARS 1994, 1995 AND 1996 TO THE LEPC AND SERC. 3/5/01: ALJ WILLIAM B. MORAN FILED HIS INITIAL DECISION ON NOV. 28, 2000 REGARDING AN ADMIFNISTRATIVE HEARING CONDUCTED IN PARKERSBURG, WEST VIRGINIA ON OCT 19 AND 20, 1999 IMPOSING A $1,000 PENALTY ON THE RESPONDENT. THE REGION BROUGHT ITS CASE AGAINST JOHN K. TEBARY JR. D/B/A TEBAY DAIRY COMPANY, A SOLE PROPRIETORSHIP ( TEBAY OR RESPONDENT ). ON AUGUST 27, 1998, AN INSPECTION OF RESPONDENT'S FAICILITY (A MINI-MARKET AND GAS STATION) WAS CONDUCTED TO DETERMINE IF RESPONDENT WAS IN COMPLIANCE WITH THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT ( EPCRA ) SECTIONS 311 AND 312, 42 U.S.C. SECTIONS 11021 AND 11022 REPORTING REQUIREMENTS. THE FACILITY WAS CHOSEN AT RANDOM FOR A FOLLOW-UP INSPECTION TO THE NATIONAL FOOD AND KINDRED PRODUCTS INITIATIVE OF 1996 BECAUSE THE FACILITY HAD FORMALLY BEEN A DAIRY. THE FACILITY WAS TARGETED FOR A FOLLOW-UP INSPECTION AFTER THE RESPONDENT DID NOT RESPOND TO EPA'S MAILING OF THE COMPLIANCE ASSISTNACE LETTER OR THE NOVEMBER 1996, AND THE SHOW CAUSE LETTER AND SECTOR AGREEMENT PACKET MAILING IN LATE 1996. THE AUGUST 27, 1997 INSPECTION REVEALED THAT TEBAY DIARY COMPANY STORED FOUR (4) HAZARDOUS CHEMICALS (REGULAR GRADE UNLDEADED GASOLINE, PLUS GRADE UNLEADED GASOLINE, SUPREME GRA