EPA v. SWAN VALLEY CHEESE OF VERMONT LLC AND JONERGIN REALTY LLC

Case summary

On August 12, 2015, EPA Region 1 issued a Notice of Violation and Administrative Order (NOV/AO) to Swan Valley Cheese of Vermont LLC and Jonergin Realty LLC for violations of the Clean Air Act?s General Duty Clause, found at 42 U.S.C. ? 7412(r)(1). Respondents own and operate a cheese making facility in Swanton, Vermont, that uses ammonia as a refrigerant in its refrigeration system. After a release of ammonia on February 6, 2015, EPA inspectors visited the facility twice in March and April, once with the help of a refrigeration expert. The inspections revealed dangerous conditions, so EPA sent Respondents a detailed written notice of the conditions on May 13, 2015. In July, EPA provided Respondents with a draft NOV/AO and conferred with Respondents about their comments before drafting the final. Rather than repair the decrepit system, Respondents planned to stop using ammonia and replace the system. As of 9/10/1, the ammonia has been removed.

Defendants (1)

• SWAN VALLEY CHEESE OF VERMONT AND JONERGIN REALTYNamed in settlement

Facilities (1)

• SWAN VALLEY CHEESE OF VERMONT

  11 JONERGIN DRIVE, SWANTON, VT, 05488

  Registry ID: 110032961212

Statutes cited

• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• SWAN VALLEY CHEESE OF VERMONT LLC AND JONERGIN REALTY LLCentered 2015-08-12

  Primary law: CAA

Timeline (2 milestones)

• 2015-08-12Final Order Issued
• 2015-09-24Enforcement Action Data Entered