BEFORE THE ENVIRONMENTAL APPEALS BOARD

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C.

______________________________

)

In re: )

)

Charter Communications, Inc. ) Docket No. CAA-HQ-2012-8005

) Docket No. CWA-HQ-2012-8005

) Docket No. EPCRA-HQ-2012-8005

Respondent )

______________________________)

CONSENT AGREEMENT

I. Preliminary Statement

1. Complainant, the United States Environmental Protection Agency (EPA), and Charter 

Communications, Inc. (Charter or Respondent), having consented to the terms of this Consent 

Agreement (Agreement), and before the taking of any testimony and without the adjudication of 

issues of law or fact herein, agree to comply with the terms of this Agreement and attached 

proposed Final Order, hereby incorporated by reference.

2. Charter proposed an environmental audit of its operations at approximately 1,490 

facilities in a letter to EPA dated July 6, 2009. EPA accepted Charter’s proposal in a letter dated 

October 2, 2009, and entered into an audit agreement under EPA’s policy entitled Incentives for 

Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations (Audit Policy), 65 

Fed. Reg. 19,618 (Apr. 11, 2000). 

3. On February 19, 2010, pursuant to EPA’s Audit Policy, Charter submitted voluntary 

disclosures to EPA regarding potential violations of:

A. Federally-enforceable requirements adopted as part of a state

implementation plan (SIP) pursuant to Clean Air Act (CAA) Section 110, 

42 U.S.C. § 7410;

B. CAA Section 111, 42 U.S.C. § 7411; 

C. Clean Water Act (CWA) Section 311(j), 33 U.S.C. § 1321(j); 

D. Emergency Planning and Community Right-to-Know Act (EPCRA) 

Section 302, 42 U.S.C. § 11002;
 2

E. EPCRA Section 303, 42 U.S.C. § 11003;

F. EPCRA Section 311, 42 U.S.C. § 11021; and

G. EPCRA Section 312, 42 U.S.C. § 11022.

4. Respondent submitted a final audit report to EPA on February 19, 2010, which 

summarized steps taken to prevent recurrence of any violations after they had been disclosed. 

Charter also submitted an addendum to the final audit report to EPA on August 20, 2010. 

Charter’s disclosures resulted in a final list of disclosed violations, found in Attachment A, 

hereby incorporated by reference, which are the subject of this Agreement.

5. The disclosures listed in Attachment A have been determined by EPA to satisfy all the 

conditions set forth in the Audit Policy. These violations therefore qualify for a 100% reduction 

of the civil penalty’s gravity component, described further in Sections III – V of this Agreement. 

II. Jurisdiction

6. The parties agree to the commencement and conclusion of this cause of action by 

issuance of this Agreement, as prescribed by EPA’s Consolidated Rules of Practice Governing 

the Administrative Assessment of Civil Penalties and the Revocation or Suspension of Permits, 

40 C.F.R. Part 22, and more specifically by 40 C.F.R. §§ 22.13(b) and 22.18(b)(2)-(3).

7. Respondent agrees that Complainant has the jurisdiction to bring an administrative 

action, based upon the facts that Respondent voluntarily disclosed concerning these violations, to 

compel compliance, and to assess civil penalties pursuant to CAA Section 113(a)(1)(A), (d)(1), 

42 U.S.C. § 7413(a)(1)(A), (d)(1), CWA Section 311(b)(6)(A)-(B), 33 U.S.C. § 1321(b)(6)(A)-

(B), and EPCRA Section 325(c), 42 U.S.C. § 11045(c).

8. Respondent hereby waives its right to request a judicial or administrative hearing on any 

issue of law or fact set forth in this Agreement and its right to seek judicial review of the 

proposed Final Order accompanying this Agreement.

9. For purposes of this proceeding only, Respondent admits that EPA has jurisdiction over 

the subject matter which is the basis of this Agreement.

10. Section 113(d)(1) of the CAA, 42 U.S.C. § 7413(d)(1), limits the Administrator’s 

authority to matters where the first alleged date of violation occurred no more than twelve (12) 

months prior to initiation of the administrative action, except where the Administrator and 

Attorney General of the United States jointly determine that a matter involving a longer period of 

violation is appropriate for an administrative penalty action.

11. The Administrator and the Attorney General of the United States, each through their 

respective delegates, have determined jointly that this matter involving violations that are older 
 3

than twelve (12) months is appropriate for an administrative penalty action. Such determination 

was made on August 10, 2012.

III. Statements of Fact

12. Respondent, Charter, is among the largest providers of cable services in the United 

States, offering a variety of entertainment, information and communications solutions to 

residential and commercial customers, and is located at 12405 Powerscourt Drive, St. Louis, 

Missouri 63131, and incorporated in the State of Delaware. 

13. Pursuant to EPA’s Audit Policy, Respondent hereby certifies and warrants as true for all 

the violations listed in Attachment A the following facts upon which this Agreement is based: 

A. The violations were discovered through an audit or through a compliance 

management system reflecting due diligence; 

B. The violations were discovered voluntarily; 

C. The violations were promptly disclosed to EPA in writing; 

D. The violations were disclosed prior to commencement of an agency 

inspection or investigation, notice of a citizen suit, filing of a complaint by 

a third party, reporting of the violations by a “whistleblower” employee, 

or imminent discovery by a regulatory agency; 

E. The violations have been corrected;

F. Appropriate steps have been taken to prevent a recurrence of the 

violations; 

G. The specific violations (or closely related violations), identified in 

Attachment A, have not occurred within three years of the date of 

disclosure identified in Section I, Paragraphs 2, 3, and 4 above, at the 

same facilities that are the subject of this Agreement, and have not 

occurred within five years of the date of disclosure identified in Section I, 

Paragraphs 2, 3, and 4 above, as part of a pattern at multiple facilities 

owned or operated by Respondent. For the purposes of Subparagraph G, a 

violation is:

(i) Any violation of federal, state, or local environmental law 

identified in a judicial or administrative order, consent agreement 

or order, complaint, or notice of violation, conviction or plea 

agreement; or
 4

(ii) Any act or omission for which the regulated entity has previously 

received penalty mitigation from EPA or a state or local agency;

H. The violations have not resulted in serious actual harm nor presented an 

imminent and substantial endangerment to human health or the 

environment and they did not violate the specific terms of any judicial or 

administrative Final Order or Agreement; and

I. Respondent has cooperated as requested by EPA.

IV. Conclusions of Law 

14. For purposes of this Agreement, Respondent is a “person” within the meaning of Section 

302(e) of the CAA, 42 U.S.C. § 7602(e), and operates “stationary sources” within the meaning of 

Section 302(z) of the CAA, 42 U.S.C. § 7602(z).

15. Section 110(a) of the CAA, 42 U.S.C. § 7410(a), requires a state to adopt a SIP to 

implement, maintain, and enforce ambient air quality standards. 

CAA General Permits or Exemptions for Fifty-Four (54) Emergency Generators at Various 

Facilities Across Alabama

16. EPA approved the Alabama permit requirement and exemption provisions as part of the 

SIP on August 28, 1985, which approval became effective on October 28, 1985. Upon approval 

by EPA of the Alabama SIP, the state’s requirements became federally-enforceable. (See 50 

Fed. Reg. 34,804.)

17. Respondent operated fifty-four (54) emergency generators at various facilities across 

Alabama.

18. Respondent was required to either obtain permits to operate emergency generators or 

request exemptions in accordance with Ala. Admin. Code r. 335-3-14-.01(1) and (5).

19. Respondent violated federally-approved Alabama SIP requirements by failing to obtain 

the permits or required exemptions for emergency generators at its various facilities across 

Alabama in accordance with Ala. Admin. Code r. 335-3-14-.01(1) and (5).

CAA Construction Permit for an Emergency Generator in Kearney, Nebraska

20. EPA approved the Nebraska construction permit requirements as part of the SIP on July 

8, 2003, which approval became effective on September 8, 2003. Upon approval by EPA of the 

Nebraska SIP, the state’s requirements became federally-enforceable. (See 68 Fed. Reg. 

40,528.)

21. Respondent operated an emergency generator at its facility located in Kearney, Nebraska.
 5

22. Respondent was required to apply for and obtain an emergency generator construction 

permit in accordance with Title 129 of Neb. Admin. Code § 17-001.01. 

23. Respondent violated the federally-approved Nebraska SIP requirements by failing to 

apply for and obtain the required construction permit for an emergency generator at its Kearney, 

Nebraska facility in accordance with Title 129 of Neb. Admin. Code § 17-001.01. 

CAA Permit for an Emergency Generator in Bellefontaine, Ohio

24. EPA approved the Ohio permit and permit-by-rule requirements as part of the SIP on 

January 22, 2003, which approval became effective on March 10, 2003. Upon approval by EPA 

of the Ohio SIP, the state’s requirements became federally-enforceable. (See 68 Fed. Reg. 

2,909.)

25. Respondent operated an emergency generator above the exempt level for the size of the 

generator at its facility located in Bellefontaine, Ohio.

26. Respondent was required to apply for and obtain a permit or coverage under the permitby-rule to operate the emergency generator at its Bellefontaine, Ohio facility in accordance with 

Ohio Admin. Code §§ 3745-31-02, 3745-31-03(A)(4)(a).

27. Respondent violated the federally-approved Ohio SIP requirements by failing to apply for 

and obtain the required permit or coverage under the permit-by-rule at its Bellefontaine, Ohio 

facility in accordance with Ohio Admin. Code §§ 3745-31-02, 3745-31-03(A)(4)(a). 

CAA Construction Permits for Four (4) Emergency Generators at Various Facilities Across

Tennessee 

28. EPA approved the Tennessee construction permit requirement as part of the SIP on July 

29, 1996, which approval became effective on September 12, 1996. (See 61 Fed. Reg. 39,332.) 

Upon approval by EPA of the Tennessee SIP, the state’s requirements became federallyenforceable. 

29. Respondent operated emergency generators at facilities in Tennessee.

30. Respondent was required to obtain a construction permit for its facilities in Blountville, 

Gatlinburg, Clarksville and Jackson, Tennessee in accordance with Tenn. Comp. R. & Regs. 

§ 1200-03-09-.01(1)(a).

31. Respondent did not obtain a construction permit at these four (4) facilities in accordance 

with Tenn. Comp. R. & Regs. § 1200-03-09-.01(1)(a).

32. Respondent violated the federally-approved Tennessee SIP requirements by failing to 

obtain construction permits for these four (4) emergency generators located across Tennessee in 

accordance with Tenn. Comp. R. & Regs. § 1200-03-09-.01(1)(a).
 6

CAA Registration and Notification Requirements for Seven (7) Emergency Generators at 

Various Facilities Across Washington

33. EPA approved the Washington Department of Ecology registration requirement for 

stationary internal combustion engines of five hundred (500) horsepower or more and the notice 

of construction/approval requirement for new sources or emissions units as part of the SIP on 

June 2, 1995, which approval became effective on June 2, 1995. (See 60 Fed. Reg. 28,726.) 

EPA also approved the Yakima Regional Clean Air Agency’s (YRCAA) registration and 

construction notification/approval requirements as part of the SIP on February 2, 1998, which 

approval became effective on March 4, 1998. (See 63 Fed. Reg. 5,269.) Upon approval by EPA 

of the Washington SIP, the state’s requirements became federally-enforceable. 

34. Respondent operated emergency generators at various facilities across Washington.

35. Respondent was required to register and provide notice of construction and obtain 

approval for five (5) of its emergency generators at facilities in Walla Walla, Ellensburg, East 

Wenatchee, Colville, and Kennewick, Washington in accordance with Wash. Admin. Code

§§ 173-400-100(1)(z), 173-400-110. Respondent was required to register and give notice of 

construction and obtain approval for emergency generators at two (2) facilities in Yakima and 

Sunnyside, Washington under Restated Regulation I of the Yakima County Clean Air Authority

(YCCAA Regulation I) §§ 4.01, 4.02. 

36. Respondent violated the federally-approved Washington SIP requirements by failing to 

apply for and obtain registrations and meet notice requirements for emergency generators at its 

five (5) facilities in Walla Walla, Ellensburg, East Wenatchee, Colville, and Kennewick, 

Washington in accordance with Wash. Admin. Code §§ 173-400-100(1)(z), 173-400-110, and 

for failure to register and give notice of construction for emergency generators at its Yakima and 

Sunnyside, Washington facilities under YCCAA Regulation I §§ 4.01, 4.02.

CAA NSPS Fuel Content Requirement

37. Section 111 of the CAA, 42 U.S.C. §7411, requires the Administrator to promulgate and 

enforce regulations establishing emission standards and fuel requirements for groups of new

stationary sources.

38. The Administrator promulgated requirements regulating the sulfur fuel content for 

stationary compression ignition internal combustion engines on July 11, 2006. (See 71 Fed. Reg. 

39,154.) These requirements are found at 40 C.F.R. Part 60, Subpart IIII.

39. 40 C.F.R. § 60.4207 requires owners of non-fire pump compression ignition internal 

combustion engines to use diesel fuel with a sulfur content below five hundred (500) ppm 

beginning October 1, 2007.
 7

40. Respondent is the owner and operator of a non-fire pump compression ignition internal 

combustion engine at 603 East Clearwood Drive, Duluth, Minnesota 55811.

41. Respondent failed to convert from high-sulfur (five thousand (5000) ppm) diesel fuel to 

less than five hundred (500) ppm diesel fuel by October 1, 2007. 

42. Respondent therefore violated CAA Section 111, 42 U.S.C. § 7411, and 40 C.F.R. 

§ 60.4207.

CWA Spill Prevention, Control, and Countermeasure (SPCC) Plan Requirements

43. Respondent is a “person” within the meaning of CWA Section 311(a)(7), 33 U.S.C. 

§ 1321(a)(7), and 40 C.F.R. § 112.2, and is the “owner or operator,” as defined by CWA Section

311(a)(6), 33 U.S.C. § 1321(a)(6), and 40 C.F.R. § 112.2, of its offices or facilities.

44. The regulations at 40 C.F.R. §§ 112.1-112.7, which implement CWA Section 

311(j)(1)(C), 33 U.S.C. § 1321(j)(1)(C), set forth procedures, methods, and requirements to 

prevent the discharge of oil and petroleum fuels from non-transportation-related facilities into or 

upon the navigable waters of the United States or adjoining shorelines in such quantities that by 

regulation have been determined may be harmful to the public health or welfare or environment 

of the United States by owners or operators who are engaged in drilling, producing, gathering, 

storing, processing, refining, transferring, distributing or consuming oil and oil products.

45. 40 C.F.R. § 112.3(a) requires owners and operators of onshore and offshore facilities that 

have discharged or, due to their location, could reasonably be expected to discharge oil in 

harmful quantities into or upon the navigable waters of the United States or adjoining shorelines, 

to prepare an SPCC Plan.

46. Respondent is engaged in storing or consuming oil products located at its offices or 

facilities in quantities such that discharges “may be harmful,” as defined by 40 C.F.R. § 110.3.

47. Respondent’s facilities are “onshore facilities” within the meaning of CWA Section

311(a)(10), 33 U.S.C. § 1321(a)(10), and 40 C.F.R. § 112.2, which, due to their location, could 

reasonably be expected to discharge oil to a “navigable water” (as defined by CWA Section

502(7), 33 U.S.C. § 1362(7), and 40 C.F.R. § 110.1) or its adjoining shorelines that may either 

(1) violate applicable water quality standards, or (2) cause a film or sheen or discoloration of the 

surface of the water or adjoining shorelines or cause a sludge or emulsion to be deposited 

beneath the surface of the water or upon adjoining shorelines.

48. Based on the above, and pursuant to CWA Section 311(j)(1)(C), 33 U.S.C.

§ 1321(j)(1)(C), and its implementing regulations, Respondent is subject to the requirements of 

40 C.F.R. §§ 112.1-112.7, at certain facilities listed in Attachment A.
 8

49. Respondent violated the CWA at two (2) facilities identified in Attachment A by failing 

to prepare and implement an SPCC Plan as required by CWA Section 311(j)(1)(C), 33 U.S.C. 

§ 1321(j)(1)(C), and the requirements of 40 C.F.R. §§ 112.1-112.7.

EPCRA Requirements

50. Respondent is a “person” as defined in EPCRA Section 329(7), 42 U.S.C. § 11049(7), 

and is the owner or operator of “facilities” listed in Attachment A as defined in EPCRA Section

329(4), 42 U.S.C. § 11049(4).

51. Section 302(c) of EPCRA, 42 U.S.C. § 11002(c), and the regulations found at 40 C.F.R. 

Part 355, require the owner or operator of a facility at which an extremely hazardous substance is 

present, at or above stated threshold quantities, to notify the State Emergency Response 

Commission (SERC) and/or the Local Emergency Planning Committee (LEPC) that the facility 

is subject to the requirements of EPCRA Section 302(c).

52. Section 303(d) of EPCRA, 42 U.S.C. § 11003(d), and the regulations found at 40 C.F.R. 

Part 355, require the owner or operator of a facility at which an extremely hazardous substance is 

present, at or above stated threshold quantities, to notify the LEPC of the facility representative 

who will participate in the emergency planning process as a facility emergency coordinator.

53. Section 311(a) of EPCRA, 42 U.S.C. § 11021(a), and the regulations found at 40 C.F.R. 

Part 370, require the owner or operator of a facility, which is required to prepare or have 

available a material safety data sheet (MSDS) for a hazardous chemical under the Occupational 

Safety and Health Act of 1970 (OSH Act) (29 U.S.C. §§ 651-678) and regulations promulgated 

under the OSH Act, to submit the MSDS or, in the alternative, a list of chemicals to the LEPC, 

SERC, and fire department with jurisdiction over the facility by October 17, 1987, or within 

three (3) months of first becoming subject to the requirements of EPCRA Section 311, 42 U.S.C. 

§ 11021.

54. Section 312(a) of EPCRA, 42 U.S.C. § 11022(a), and the regulations found at 40 C.F.R. 

Part 370, require the owner or operator of a facility, which is required to have an MSDS for a 

hazardous chemical under the OSH Act, and regulations promulgated under the OSH Act, to 

prepare and submit an emergency and hazardous chemical inventory form (Tier I or Tier II as 

described in 40 C.F.R. Part 370) containing the information required by those sections to the 

LEPC, SERC, and fire department with jurisdiction over the facility by March 1, 1988, or March 

1 of the first year after the facility becomes subject to the requirements of EPCRA Section 312, 

and annually thereafter.

55. Diesel fuel, lead and sulfuric acid are “hazardous chemicals,” as defined in Sections 

311(e) and 329(5) of EPCRA, 42 U.S.C. §§ 11021(e) and 11049(5), and 40 C.F.R. § 370.66. 

Sulfuric acid is also listed, in the appendices to 40 C.F.R. Part 355, as an “extremely hazardous 

substance” (EHS), as defined in 40 C.F.R. § 370.66.
 9

56. As set forth in 40 C.F.R. § 370.10(a)(2), the reporting threshold amount for hazardous 

chemicals present at a facility at any one time during the preceding calendar year is ten thousand 

(10,000) pounds. The reporting thresholds, therefore, for diesel fuel and lead are ten thousand 

(10,000) pounds. Pursuant to 40 C.F.R. § 370.10(a)(1), the reporting threshold for an EHS

present at a facility is five hundred (500) pounds or the threshold planning quantity (TPQ) as 

defined in 40 C.F.R. Part 355, whichever is lower. The TPQ for sulfuric acid is one thousand 

(1,000) pounds. The reporting threshold for sulfuric acid, therefore, is five hundred (500) 

pounds.

57. The information supplied by Respondent indicates that, for varying lengths of time from 

2004 through 2008, sulfuric acid, lead and/or diesel fuel in excess of the threshold amounts, were 

present at certain facilities listed in Attachment A.

58. Respondent’s “facilities,” as defined in Section 329(4) of EPCRA, 42 U.S.C. § 11049(4), 

and 40 C.F.R. §§ 355.61 and 370.66, are subject to Sections 302, 303, 311, and 312 of EPCRA, 

42 U.S.C. §§ 11002, 11003, 11021, 11022, and their implementing regulations.

59. Respondent has violated the following requirements:

A. EPCRA Section 302(c), 42 U.S.C. § 11002(c), and its implementing 

regulations at 40 C.F.R. Part 355, at forty-seven (47) facilities by failing to 

notify the SERC and/or LEPC that these facilities are subject to the 

requirements of EPCRA Section 302(c), as identified in Attachment A;

B. EPCRA Section 303(d), 42 U.S.C. § 11003(d), and its implementing 

regulations at 40 C.F.R. Part 355, at the same forty-seven (47) facilities by 

failing to designate a facility emergency coordinator and notify the LEPC 

with jurisdiction over these facilities identified in Attachment A;

C. EPCRA Section 311(a), 42 U.S.C. § 11021(a), and its implementing 

regulations at 40 C.F.R. Part 370, at seventy-eight (78) facilities by failing 

to submit an MSDS for a hazardous chemical(s) and extremely hazardous 

chemical(s) containing the required information to the LEPC, SERC, and 

fire department with jurisdiction over these facilities identified in 

Attachment A; and

D. EPCRA Section 312(a), 42 U.S.C. § 11022(a), and the regulations found 

at 40 C.F.R. Part 370, at the same seventy-eight (78) facilities by failing to 

submit emergency and chemical inventory forms to the LEPC, SERC, and 

fire department with jurisdiction over these facilities identified in 

Attachment A.
 10

V. Civil Penalty

60. EPA agrees, based upon the facts and information submitted by Respondent and upon 

Respondent’s certification herein to the veracity of this information, that Respondent has 

satisfied all of the conditions set forth in the Audit Policy for those violations described in 

Attachment A and thereby qualifies for a 100% reduction of the gravity component of the civil 

penalty that otherwise would apply to these violations. EPA alleges that the gravity component 

of the civil penalty for violations described in Attachment A would ordinarily be $3,164,851. Of 

that potential penalty, $1,605,855 is attributable to CAA violations, $27,420 is attributable to 

CWA violations, and $1,531,576 is attributable to EPCRA violations. EPA alleges that this 

gravity component is potentially assessable against Respondent for the violations described in 

Attachment A. Pursuant to the Audit Policy, however, EPA will waive 100% of the gravitybased penalties potentially assessable for the violations in Section IV and Attachment A.

61. Under the Audit Policy, EPA has discretion to assess a penalty equivalent to the 

economic benefit Respondent gained as a result of its noncompliance. Based on information 

provided by Respondent and use of the Economic Benefit (BEN) computer model, for the

violations described in Attachment A, EPA has determined that Respondent obtained an 

economic benefit of $57,313 as a result of its noncompliance in this matter. Of this amount, 

$11,453 is attributable to CAA violations, $3,767 is attributable to CWA violations, and $42,093 

is attributable to EPCRA violations. Pursuant to the Audit Policy, EPA will assess a penalty 

equivalent to the economic benefit for the violations listed in Attachment A. 

62. Accordingly, the civil penalty agreed upon by the parties for settlement purposes is 

$57,313.

VI. Terms of Settlement

63. Respondent agrees to pay a civil penalty in the total sum of FIFTY-SEVEN 

THOUSAND THREE HUNDRED AND THIRTEEN dollars ($57,313.00), in the manner set 

forth in following paragraphs, for the violations alleged herein within thirty (30) calendar days of 

issuance of the Final Order (i.e., the effective date of this Consent Agreement and attached Final 

Order). (See 40 C.F.R. § 22.31(c).)

64. For payment of the civil penalty related to the CAA and EPCRA violations, Respondent 

shall pay the amount of FIFTY-THREE THOUSAND FIVE HUNDRED AND FORTY-SIX 

dollars ($53,546.00) using one of the following instructions:
 11

A. Via U.S. Postal Service regular mail of a certified or cashier’s check, 

made payable to the “United States Treasury,” sent to the following 

address:

U.S. Environmental Protection Agency

Fines and Penalties

Cincinnati Finance Center

Post Office Box 979077

St. Louis, MO 63197-9000

B. Via overnight delivery of a certified or cashier’s check, made payable to 

the “United States Treasury,” sent to the following address:

U.S. Environmental Protection Agency

Fines and Penalties

U.S. Bank

1005 Convention Plaza

Mail Station SL-MO-C2-GL

St. Louis, MO 63101

The U.S. Bank customer service contact for overnight delivery is Natalie 

Pearson, who may be reached at 314-418-4087.

C. Via electronic funds transfer (EFT) to the following account:

Federal Reserve Bank of New York

ABA Number: 021030004

Account Number: 68010727

SWIFT Address: FRNYUS33

33 Liberty Street

New York, NY 10045

Field Tag 4200 of the Fedwire message should read:

“D 68010727 Environmental Protection Agency - Charter 

Communications, Inc., Docket No. CAA-HQ-2012-8005 and EPCRAHQ-2012-8005.” 

The Federal Reserve customer service contact may be reached at 212-720-

5000.
 12

D. Via automatic clearinghouse (ACH), also known as Remittance Express 

(REX), to the following account:

US Treasury REX/Cashlink ACH Receiver

ABA No. 051036706

Account Number 310006, Environmental Protection Agency

CTX Format Transaction Code 22 – checking

Physical location of the United States Treasury facility:

5700 Rivertech Court

Riverdale, MD 20737

The U.S. Treasury customer service contact, John Schmid, may be reached at 

202-874-7026. The REX customer service contact may be reached at 866-234-

5681.

E. Via on-line payment (from bank account, credit card, debit card):

Website: www.pay.gov

Enter “SFO 1.1” in the search field.

Open the form and complete the required fields (marked with an asterisk).

Under “Type of Payment,” choose “Civil Penalty.” Under “Invoice#,” 

type “Charter Communication, Inc., Docket No. HQ-2012-8005” into the 

“Court # or Bill #” subfield. Leave the other subfields blank. Under 

“Installments?,” choose “No.” Under “Region,” type “HQ.” 

Payment by check or wire transfer shall bear the case name and docket 

number – “Charter Communications, Inc., Docket No. CAA-HQ-2012-

8005 and EPCRA-HQ-2012-8005.” 

65. For payment of the civil penalty related to the CWA SPCC violations, 

Respondent shall, within thirty (30) days of issuance of the Final Order, forward a 

cashier’s or certified check in the amount of THREE THOUSAND SEVEN HUNDRED 

AND SIXTY-SEVEN dollars ($3,767.00) made payable to the “Environmental 

Protection Agency,” and bearing the notation “OSLTF – 311” to:

U.S. Environmental Protection Agency

Fines and Penalties, Cincinnati Finance Center

PO Box 979077

St. Louis, MO 63197-9000

The check shall indicate that it is for In re: Charter Communications, Inc., Docket No. 

CWA-HQ-2012-8005. 
 13

Alternatively, Respondent shall pay THREE THOUSAND SEVEN HUNDRED AND 

SIXTY-SEVEN dollars ($3,767.00) by wire transfer with a notation of “In re: Charter 

Communications, Inc., Docket No. CWA-HQ-2012-8005” to the Federal Reserve Bank 

of New York using the following instructions:

Federal Reserve Bank of New York

ABA Routing Number: 021030004

Account Number: 68010727

SWIFT Address: FRNYUS33

33 Liberty Street

New York, NY 10045

Field Tag 4200 of the Fedwire message should read:

“D 68010727 Environmental Protection Agency - Charter 

Communications, Inc., Docket No. CWA-HQ-2012-8005.”

The check or wire transfer shall bear the case docket number CWA-HQ-2012-8005. 

66. Respondent shall forward evidence of the checks, wire transfers, and/or internet-based 

payments to EPA, within five (5) days of payment, to the following personnel/addresses below 

or send a PDF copy of such documentation to Milton.Philip@epa.gov and 

Durr.Eurika@epa.gov.

Philip Milton

Special Litigation and Projects Division (2248A)

Office of Enforcement and Compliance Assurance 

U.S. Environmental Protection Agency

1200 Pennsylvania Avenue, N.W.

Ariel Rios Building, Room 3124-B

Washington, D.C. 20460

Clerk, Environmental Appeals Board

U.S. Environmental Protection Agency

MC 1103M

EPA East Building

1200 Pennsylvania Avenue, N.W.

Washington, D.C. 20460

67. Respondent’s obligations under this Agreement shall end when it has paid the 

civil penalties as required by this Agreement and the Final Order, and complied with its 

obligations under Section VI, Paragraphs 63-66 of this Agreement.

68. For the purpose of state and federal income taxation, Respondent shall not be 

entitled, and agrees not to attempt, to claim a deduction for any civil penalty payment 
 14

made pursuant to the Final Order. Any attempt by Respondent to deduct any such 

payments shall constitute a violation of this Agreement.

69. Pursuant to 31 U.S.C. § 3717, EPA is entitled to assess interest and penalties on 

debts owed to the United States and a charge to cover the cost of processing and handling 

a delinquent claim. Interest will therefore begin to accrue on the civil penalty from the 

date of entry of the Final Order, if the penalty is not paid by the date required. Interest 

will be assessed at the rate of the United States Treasury tax and loan rate in accordance 

with 40 C.F.R. § 13.11. A charge will be assessed to cover the costs of debt collection, 

including processing and handling costs and attorney fees. In addition, a penalty charge 

of six percent (6%) per year compounded annually will be assessed on any portion of the 

debt that remains delinquent more than ninety (90) days after payment is due. 

VII. Severability 

70. As part of this Agreement, and in satisfaction of the requirements of the Audit 

Policy, Respondent has certified to certain facts. The parties agree that, if and to the 

extent that EPA determines that any information or certification provided by Respondent

is materially false or inaccurate, the portion of this Agreement pertaining to the affected 

facilities, including mitigation of the proposed penalty, may be voided or this entire 

Agreement may be declared null and void at EPA’s election, and EPA may proceed with 

an enforcement action. 

71. The parties agree that Respondent reserves all of its rights should this Agreement 

be voided in whole or in part. The parties further agree that Respondent’s obligations 

under this Agreement will cease should this Agreement be rejected by the Environmental 

Appeals Board (EAB); provided, however, that in the event that the EAB expresses any 

objections to, or its intent to reject, this Agreement, the parties agree that they shall 

exercise their mutual best efforts to address and resolve the EAB’s objections.

VIII. State and Public Notice

72. The parties acknowledge that the settlement portions of this Agreement which 

pertain to the CWA violations are, pursuant to CWA Section 311(b)(6)(C)(i), 33 U.S.C. 

§ 1321(b)(6)(C)(i), subject to public notice and comment requirements. Furthermore, the 

parties acknowledge and agree that, at that time, EPA will also provide notice of the 

CAA and EPCRA portions of this Agreement. Should EPA receive comments regarding 

the issuance of the Final Order assessing the civil penalty agreed to in Section V, EPA 

shall forward all such comments to Respondent within ten (10) days of the receipt of the 

public comments.

73. This Agreement serves as the Notice of Violation to the Respondent required by 

CAA Section 113(a)(1), 42 U.S.C. § 7413(a)(1). EPA will also notify the states of 

Alabama, Nebraska, Ohio, Tennessee, and Washington as required by CAA Section

113(a)(1), 42 U.S.C. § 7413(a)(1).
 15

74. Respondent has been afforded the opportunity to confer with EPA as provided for 

by CAA Section 113(a)(4), 42 U.S.C. § 7413(a)(4).

 

IX. Reservation of Rights

75. This Agreement and the Final Order, when issued by the EAB, and upon payment 

by Respondent of civil penalties in accordance with Section VI, shall resolve only the 

federal civil and administrative claims specified in Section IV and Attachment A. 

Nothing in this Agreement and the Final Order shall be construed to limit the authority of 

EPA and/or the United States to undertake any action against Respondent, in response to 

any condition which EPA or the United States determines may present an imminent and 

substantial endangerment to the public health, welfare, or the environment. Furthermore, 

issuance of the Final Order does not constitute a waiver by EPA and/or the United States 

of its right to bring an enforcement action, either civil or criminal, against Respondent for 

any violation of any federal or state statute, regulation, order or permit, except with 

respect to the violations specified in Section IV and Attachment A. The immediate

preceding sentence in no way limits EPA’s rights under Paragraph 70, including with 

respect to the violations specified in Section IV and Attachment A as to which EPA 

retains all of its rights set forth in Paragraph 70.

X. Other Matters

76. Each party shall bear its own costs and attorney fees in this matter.

77. The provisions of this Agreement and the proposed Final Order, when issued by 

the EAB, shall apply to and be binding on EPA and the Respondent, as well as 

Respondent’s officers, agents, successors and assigns. Any change in ownership or 

corporate status of the Respondent including, but not limited to, any transfer of assets or 

real or personal property shall not alter Respondent’s responsibilities under this 

Agreement, including the obligation to pay the civil penalty referred to in Section VI. 

78. Nothing in this Agreement shall relieve Respondent of the duty to comply with all 

applicable provisions of the CAA, CWA, EPCRA, or other federal, state, or local laws or 

regulations, nor shall it restrict EPA’s authority to seek compliance with any applicable 

laws, nor shall it be construed to be a ruling on, or a determination of, any issue related to 

any federal, state, or local permit.

79. Except as provided in Paragraph 71, Respondent waives any rights it may have to 

contest the allegations contained herein and its right to seek judicial review of the Final 

Order accompanying this Agreement.

80. The undersigned representatives of each party to this Agreement certify that each 

is duly authorized by the party whom s/he represents to enter into these terms and bind 

that party to it.


 18

BEFORE THE ENVIRONMENTAL APPEALS BOARD

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C.

______________________________

)

In re: )

)

Charter Communications, Inc. ) Docket No. CAA-HQ-2012-8005

) Docket No. CWA-HQ-2012-8005

) Docket No. EPCRA-HQ-2012-8005

______________________________)

FINAL ORDER

Whereas, Complainant, the United States Environmental Protection Agency 

(Complainant or EPA), and Charter Communications, Inc. (Charter or Respondent), the 

parties herein, represented by counsel, have consented to the entry of this Final Order, 

and agree to comply with the Consent Agreement signed by the parties and incorporated 

herein;

Whereas, EPA caused a Notice for Public Comment on the proposed issuance of 

this Final Order to be published in the Federal Register on ___________2013, as required 

by Clean Water Act Section 311(b)(6), 33 U.S.C. § 1321(b)(6), the public notice and 

comment period required has closed, and no comments were received; and 

Pursuant to 40 C.F.R. § 22.18 of EPA’s Consolidated Rules of Practice, the 

Consent Agreement is incorporated by reference into this Final Order and hereby ratified. 

The Respondent is hereby ORDERED to comply with all terms of the Consent 

Agreement, effective immediately.

So ordered.

Date: ______________________________

Judge, Environmental Appeals Board
 19

CERTIFICATE OF SERVICE

I hereby certify that copies of the Final Order for In re: Charter Communications, Inc., 

Docket Nos. CAA-HQ-2012-8005, CWA-HQ-2012-8005, and EPCRA-HQ-2012-8005, 

were sent to the following persons in the manner indicated:

By Certified Mail: Scott H. Reisch, Esq.

Hogan Lovells US LLP

One Tabor Center, Suite 1500

1200 Seventeenth Street

Denver, CO 80202

By Inter-Office Mail: Andrew R. Stewart, Acting Director

Special Litigation and Projects Division (2248A)

Office of Civil Enforcement

Office of Enforcement and Compliance Assurance

U.S. Environmental Protection Agency

Dated: __________________________________

Signature
Attachment A

Charter Communications, Inc. Facilities with CAA § 110 Violations

Address City State Zip

CAA § 110 State 

Implementation Plan (SIP) 

Violations

Generator 

Install Date

Date Violation 

Corrected By

3423 Hooper Lane SE Decatur AL 35603 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Dec-00 2/9/2010

270 Hwy 78 Leeds AL 35094 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Dec-00 1/15/2010

240 Stevens Dr Montevallo AL 35115 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Aug-01 2/9/2010

623 Elliott Blvd Jasper AL 35501 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

2001 2/9/2010

733 Main St Gardendale AL 35071 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Oct-01 1/15/2010

1301 Samford Place Opelika AL 36804 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Jan-03 2/9/2010

401 S 6th St Lanett AL 36863 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Jun-97 2/9/2010

5990 S Monticello Dr Montgomery AL 36117 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Jan-03 2/9/2010

12625 Tom Montgomery Rd Northport AL 35473 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Oct-03 2/9/2010

233 West Laurel St Scottsboro AL 35768 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Jan-03 2/9/2010

608 Hwy 72 W Athens AL 35611 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Nov-97 2/9/2010

2935 Citizens Parkway Selma AL 36701 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Jan-03 2/9/2010

14 Adkins Rd Double Springs AL 35553 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Aug-02 2/9/2010

5356 Hwy 280 S Inverness AL 35246 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Apr-01 2/9/2010

4581 Cahaba River Road Altadena AL 35243 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Oct-07 1/15/2010

135 Moseley St Cordova AL 35550 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Sep-00 2/9/2010

437 5th Court NE Carbon Hill AL 35549 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Sep-00 2/9/2010

1013 Hull Road Sumiton AL 35148 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Sep-00 2/9/2010
Attachment A

A - 2

Charter Communications, Inc. Facilities with CAA § 110 Violations

Address City State Zip

CAA § 110 State 

Implementation Plan (SIP) 

Violations

Generator 

Install Date

Date Violation 

Corrected By

4689 B Birmingport Road Mulga AL 35118 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Dec-99 1/15/2010

201 Gibbs St Troy AL 36081 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Jan-03 2/9/2010

4817 Hwy 17 Helena AL 35080 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Apr-01 2/9/2010

3443 Lorna Lane Hoover AL 35216 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Dec-96 1/15/2010

105 Kay Ave Trussville AL 35173 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Jun-95 1/15/2010

934 East Andrews Ave Ozark AL 36360 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Feb-03 2/9/2010

100 Cable TV Ave Elba AL 36081 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Jan-03 2/9/2010

5765 Hwy 231 Sylacauga AL 35150 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Jan-02 2/9/2010

100 County Road 9 Wilsonville AL 35186 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Jul-00 2/9/2010

1851 13th Avenue Haleyville AL 35565 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Jul-02 2/9/2010

1990 Mall Blvd Auburn AL 36830 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Jan-03 2/9/2010

201 Torrence Road Tuskegee AL 36083 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Jan-03 2/9/2010

Hwy 71 Shelby AL 35143 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Jul-00 2/9/2010

103 Peterson Ave Thorsby AL 35171 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Sep-02 2/9/2010

836 Mulberry Street Russellville AL 35653 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Nov-07 2/9/2010

501 Church Street Moulton AL 35650 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Nov-07 2/9/2010

4109 Old Field Rd Sylacauga AL 35150 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

1988 2/9/2010

Mountain View Drive Hartselle AL 35640 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Dec-00 2/9/2010
Attachment A

A - 3

Charter Communications, Inc. Facilities with CAA § 110 Violations

Address City State Zip

CAA § 110 State 

Implementation Plan (SIP) 

Violations

Generator 

Install Date

Date Violation 

Corrected By

College Street Leighton AL 35646 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Nov-04 2/9/2010

10123 Hwy 72 Athens AL 35611 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Nov-04 2/9/2010

1602 Tallapoosa St Alexander City AL 35010 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Sep-02 2/9/2010

537 Conway St Albertville AL 35950 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

2000 2/9/2010

111 Satellite Drive Guntersville AL 35976 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Dec-98 2/9/2010

111 Satellite Drive Guntersville AL 35976 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Dec-02 2/9/2010

725 Mountvue Rd Piedmont AL 36272 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

1998 2/9/2010

3580 Bairmont Rd Taylorville AL 35456 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

2001 2/9/2010

220 Cheshire Dr Westover AL 35078 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Feb-01 2/9/2010

900 Montview Drive Piedmont AL 36272 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

1998 2/9/2010

921 Pleasant Ave Montgomery AL 36104 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Jan-03 2/9/2010

840 Ray Thorington Rd Montgomery AL 36117 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Jan-03 2/9/2010

100 Campbell St Dadeville AL 36853 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Jan-02 2/9/2010

5414 Taylors Mill Rd Talladega AL 35160 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Sep-01 2/9/2010

1205 Jay Bird Rd Midfield AL 35228 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

estimated 

1990

1/15/2010

2415 Hwy 22 West Clanton AL 35045 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Nov-02 2/9/2010

529 Northington Street Prattville AL 36067 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

Dec-04 2/9/2010

1313 Sun Hill Rd Birmingham AL 35215 AL Code r. 335-3-14-.01(1), 335-

3-14-.01(5)

2007 1/15/2010
Attachment A

A - 4

Charter Communications, Inc. Facilities with CAA § 110 Violations

Address City State Zip

CAA § 110 State 

Implementation Plan (SIP) 

Violations

Generator 

Install Date

Date Violation 

Corrected By

809 Central Avenue Kearney NE 68847 NAC Title 129, Ch. 17, 001.01 May-08 3/17/2010

3000 County Rd 55 Bellefontaine OH 43311 OAC §§ 3745-31-02, 3745-31-

03(A)(4)(a)

1998 12/28/2009

2177 North Royal Street Jackson TN 38305 TCA § 1200-03-09-.01(1)(a) 2000 3/8/2010

1320 Shipley Ferry Road Blountville TN 37617 TCA § 1200-03-09-.01(1)(a) 2001 3/29/2010

2500 N Ford Street Clarksville TN 37040 TCA § 1200-03-09-.01(1)(a) Jul-08 6/9/2010

1393 Ski View Road Gatlinburg TN 37728 TCA § 1200-03-09-.01(1)(a) 2007 3/29/2010

6019 W John Day Kennewick WA 99336 WAC §§ 173-400-100(1)(z), 173-

400-110

2001 3/30/2010

711 N 18th Ave Yakima WA 98902 YCCAA Regulation 1, §§ 4.01, 

4.02

2001 6/28/2010

189 Buena Vista Dr Colville WA 99114 WAC §§ 173-400-100(1)(z), 173-

400-110

Sep-01 6/30/2010

1951 NW Cascade Ave E East Wenatchee WA 98802 WAC §§ 173-400-100(1)(z), 173-

400-110

2002 6/16/2010

1105 E 10th Ave Ellensburg WA 98926 WAC §§ 173-400-100(1)(z), 173-

400-110

2001 6/16/2010

413 Warehouse Dr Sunnyside WA 98944 YCCAA Regulation 1, §§ 4.01, 

4.02

2001 6/28/2010

1145 Abadie St Walla Walla WA 99362 WAC §§ 173-400-100(1)(z), 173-

400-110

2001 7/20/2010
Attachment A

A - 5

Charter Communications, Inc. Facility with a CAA § 111 NSPS, 40 C.F.R. Part 60, Subpart IIII Violation

Address City State Zip Description of Violation

Date 

Violation 

Identified

Date 

Violation 

Corrected 

By

603 E Clearwood Dr Duluth MN 55811 The diesel fuel in the emergency 

generator contained 5,000 ppm sulfur. 

The sulfur content limit under NSPS is 

500 ppm, which went into effect in 

October 2007.

2/9/2010 3/2/2010

Charter Communications, Inc. Facilities with CWA § 311 Spill Prevention, Control, and Countermeasure (SPCC) Plan Violations

Address City State Description of 

Violation

Date of Violation

Date 

Violation 

Corrected 

By

199 Southbridge Rd Oxford MA SPCC Plan was not 

prepared and 

implemented

prior to 2004 12/7/2009

817-941 Charter Commons St Louis MO SPCC Plan was not 

prepared and 

implemented

prior to 2004 12/7/2009

Charter Communications, Inc. Facilities with EPCRA §§ 311 and 312 Violationsi

Address City State

Reporting Year(s)ii in 

Noncompliance with 

EPCRA § 312

Chemicals Covered by 

Violation

3423 Hooper Lane SE Decatur AL 2004 – 2008 Sulfuric acid

270 Hwy 78iLeeds AL 2006 – 2008 Sulfuric acid; lead

55 Nott HighwayiAshford CT 2004 – 2008 Sulfuric acid; lead

11 Commerce Dri Newtown CT 2004 – 2008 Sulfuric acid; lead

1103 S Hamilton Streeti Dalton GA 2006 – 2008 Sulfuric acid
Attachment A

A - 6

Charter Communications, Inc. Facilities with EPCRA §§ 311 and 312 Violationsi

Address City State

Reporting Year(s)ii in 

Noncompliance with 

EPCRA § 312

Chemicals Covered by 

Violation

76 Chapman Rd Ringgold GA 2004 – 2008 Sulfuric acid

1210 Buford HwyiSugar Hill GA 2004 – 2008 Sulfuric acid; lead

139 Corporate Dr iSwansea IL 2004 – 2008 Sulfuric acid; lead

10300 Ormsby Park PlaceiLouisville KY 2004 – 2008 Sulfuric acid; lead

139 Hackberry St Opelousas LA 2004 – 2008 Sulfuric acid

37356 Ben Thompson RdiSlidell LA 2006 – 2008 Sulfuric acid; lead

720 Saint Charles Bypass Road Thibodaux LA 2004 – 2008 Sulfuric acid

354 Sheridan St Chicopee MA 2005 – 2008 Sulfuric acid; lead

82 Potter Hill Rd Grafton MA 2005 – 2008 Sulfuric acid; lead

199 Southbridge Rdi Oxford MA 2004 – 2008 Sulfuric acid; lead, diesel 

fuel

7 Lomar Park Pepperell MA 2005 – 2008 Sulfuric acid; lead

813 Lebanon Hill RoadiSouthbridge MA 2005 – 2008 Sulfuric acid; lead

95 Higgins St i Worcester MA 2005 – 2008 Sulfuric acid; lead

12956 68th AvenueiAllendale MI 2004 – 2008 Sulfuric acid; lead

871 S Telegraphi Monroe MI 2004 – 2008 Sulfuric acid

359 US 41 East Negaunee MI 2007 – 2008 Sulfuric acid; lead

720 Bates Street Saginaw MI 2008 Sulfuric acid

5925 Cedar Run Rd Traverse City MI 2004 – 2008 Sulfuric acid

603 E Clearwood Dri Duluth MN 2006 – 2008 Sulfuric acid; lead

3453 36th Avenuei Rochester MN 2006 – 2008 Sulfuric acid; lead

400 Sundiali Waite Park MN 2004 – 2008 Sulfuric acid

2091 Corporate Circlei Cape Girardeau MO 2006 – 2008 Sulfuric acid; lead

3300 Sunswept Dr Florissant MO 2004 – 2008 Sulfuric acid

8662 Orf Rd Lake St Louis MO 2004 – 2008 Sulfuric acid

9334 Dielman Industrial Dr i Olivette MO 2004 – 2008 Sulfuric acid; lead

2411 Verona Avenuei Overland MO 2004 – 2008 Sulfuric acid; lead

12405 Powerscourt DriveiSt Louis MO 2004 – 2008 Sulfuric acid; lead
Attachment A

A - 7

Charter Communications, Inc. Facilities with EPCRA §§ 311 and 312 Violationsi

Address City State

Reporting Year(s)ii in 

Noncompliance with 

EPCRA § 312

Chemicals Covered by 

Violation

817-941 Charter CommonsiSt Louis MO 2004 – 2008 Sulfuric acid; lead; diesel 

fuel

9333 Dielman Industrial DriSt Louis MO 2004 – 2008 Sulfuric acid; lead

4160 Old Mill ParkwayiSt Peters MO 2004 – 2008 Sulfuric acid; lead

3654 Forest Park Ave St Louis MO 2004 – 2008 Sulfuric acid

3542 Gravois Rd St Louis MO 2004 – 2008 Sulfuric acid

1670 Hendersonville Rd iAsheville NC 2005 – 2008 Sulfuric acid; lead

143 9th St SEi Hickory NC 2006 – 2008 Sulfuric acid; lead

850 East Ocean Road Holly Ridge NC 2008 Sulfuric acid

809 Central AvenueiKearney NE 2007 – 2008 Sulfuric acid; lead

1400 Newmark Ave Coos Bay OR 2004 – 2008 Sulfuric acid; lead

930 S Grape Sti Medford OR 2007 – 2008 Sulfuric acid; lead

2 Digital Place Simpsonville SC 2004 – 2008 Sulfuric acid; diesel fuel

725 Union StiSpartanburg SC 2005 – 2008 Sulfuric acid; lead

1320 Shipley Ferry RoadiBlountville TN 2004 – 2008 Sulfuric acid; lead

2500 N Ford Streeti Clarksville TN 2006 – 2008 Sulfuric acid

1235 King Street SE Cleveland TN 2005 – 2008 Sulfuric acid

2177 North Royal StreetiJackson TN 2005 – 2008 Sulfuric acid; lead

165 Ford Rd Lenoir City TN 2006 – 2008 Sulfuric acid

596 Perry Roadi Manchester TN 2006 – 2008 Sulfuric acid

1784 Henry G. Lane St i Maryville TN 2006 – 2008 Sulfuric acid; lead

4500 W VickeryiFort Worth TX 2008 Sulfuric acid; lead

6019 W John DayiKennewick WA 2004 – 2008 Sulfuric acid; lead

521 NE 136th Ave Vancouver WA 2004 – 2008 Sulfuric acid

1145 Abadie St Walla Walla WA 2006 – 2008 Sulfuric acid

711 N 18th Ave Yakima WA 2006 – 2008 Sulfuric acid

1046 Mary LaneiEau Claire WI 2004 – 2008 Sulfuric acid; lead

261 Winnebago Rd iFond du Lac WI 2004 – 2008 Sulfuric acid; lead
Attachment A

A - 8

Charter Communications, Inc. Facilities with EPCRA §§ 311 and 312 Violationsi

Address City State

Reporting Year(s)ii in 

Noncompliance with 

EPCRA § 312

Chemicals Covered by 

Violation

4922 S John Paul Rd iJanesville WI 2004 – 2008 Sulfuric acid; lead

5151 Verona Roadi Madison WI 2004 – 2008 Sulfuric acid; lead

1228 12th Ave South Onalaska WI 2005 – 2008 Sulfuric acid

N3912 Fairhaven Lane Spencer WI 2007 – 2008 Sulfuric acid

530 Nedrest Dr iStevens Point WI 2004 – 2008 Sulfuric acid; lead

2100 Columbiana RdiVestavia Hills AL 2007 – 2008 Sulfuric acid; lead

17205 Eucalyptus Unit A-1

i Hesperia CA 2008 Sulfuric acid; lead

773 Walnut St Turlock CA 2007 – 2008 Sulfuric acid

409 North Park Drive Dalton GA 2006 – 2008 Sulfuric acid

127 Mattox Court / Tract #1iLaGrange GA 2008 Sulfuric acid; lead

4176 Commercial Ave Portage MI 2008 Sulfuric acid

640 Garfield Ave Lots 108-120, Rice 

Point

Duluth MN 2008 Sulfuric acid

2081 Corporate 44 Drive, Building #5iFenton MO 2006 – 2008 Sulfuric acid; lead

212 Elks Point Rd - Round Hill Square Zephyr Cove NV 2007 – 2008 Sulfuric acid

220 Wallace Ave Coos Bay OR 2008 Sulfuric acid

1059 Court St Medford OR 2008 Sulfuric acid

110 Commercial RoadiSpartanburg SC 2008 Sulfuric acid; lead

165 Knights WayiFond du Lac WI 2006 – 2008 Sulfuric acid; lead

5024 Heffron St Unit 1iSteven Point WI 2006 – 2008 Sulfuric acid; lead

 

i

Facilities also had EPCRA §§ 302 and 303 violations.

ii

The “Reporting Year(s)” column reflects the calendar year for which the chemical inventory information is submitted under Section 312, and not the year during which the information is actually submitted. For example, a 

Section 312 chemical inventory report for Reporting Year 2008 concerns chemicals stored on-site during calendar year 2008, although the report is required to be submitted by March 1, 2009. All violations were corrected 

during the week of December 28, 2009.