# TEBAY DAIRY CO.
> **Administrative - Formal** · FY1998 · — · Final Order With Penalty
## Case
- **Activity ID:** `18247`
- **Case Number:** 03-1998-0338
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $1K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- TEBAY DAIRY CO. (complaint) (settlement)
## Summary

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

---
*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*