EPA v. SWAN VALLEY CHEESE OF VERMONT

Case summary

On March 15, 2016, EPA Region 1 reached a settlement with Swan Valley Cheese of Vermont LLC and Jonergin Realty LLC to resolve violations of the Clean Air Act?s General Duty Clause, EPCRA, and CERCLA Section 103. Respondents own and operate a cheese making facility in Swanton, Vermont that used ammonia as a refrigerant in its refrigeration system. After a release of ammonia on February 6, 2015, EPA inspectors visited the facility twice, 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, a draft CAA compliance order in July 2015, and a final compliance order in August 2015. Respondents removed the ammonia and shut down the facility a month later. To facilitate Respondents? attempts to finance a new refrigeration system and reopen the Facility, EPA conducted an expedited ability-to-pay review and obtained a Department of Justice waiver to handle the penalty stage of the case administratively. The ability-to-pay review suggested that a lowered penalty of $100,000 would be appropriate. The facility has purchased a new refrigeration system and no longer uses ammonia. 3/8/18: The term 'expedited ability to pay review' does not equate to an Expedited Settlement Agreement.

Defendants (1)

• Swan Valley Cheese of Vermont LLC & Jonergn (SB)Named in complaintNamed in settlement

Facilities (1)

• SWAN VALLEY CHEESE OF VERMONT

  11 JONERGIN DRIVE, SWANTON, VT, 05488

  Registry ID: 110032961212

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• SWAN VALLEY CHEESE OF VERMONTentered 2016-03-15

  Primary law: CAA

  Federal penalty: $100,000

Timeline (3 milestones)

• 2016-03-15Final Order Issued
• 2016-03-15Complaint Filed/Proposed Order
• 2016-03-29Enforcement Action Data Entered