EPA v. O-AT-KA Milk Products Cooperative Inc

Case summary

The Toxic Release Inventory Envirofacts Database indicates that O-AT-KA Milk Products Cooperative, Inc..(Respondent) submitted late Toxic Release Inventory Form R reports for nitric acid for Reporting Year 2004. This failure to submit Form R reports, in a timely manner, constitute violations of Section 313 of the Emergency Planning and Community Right-to-Know-Act, 42 U.S.C. § 11023, and with 40 C.F.R. § 372.30. Respondent also failed to submit Emergency and Hazardous Chemical Inventory Forms (“Tier I/Tier II” forms) to the State Emergency Response Commission (“SERC”), the Local Emergency Planning Committee (“LEPC”), and the fire department for 2002, 2003 and 2004.

Defendants (1)

• O-AT-KA Milk Products Cooperative incNamed in complaintNamed in settlement

Facilities (1)

• O-AT-KA MILK PRODUCTS LLC.

  4815 ELLICOTT STREET ROAD, BATAVIA, NY, 14020

  Registry ID: 110000601732

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms

Enforcement conclusions (1)

• O-AT-KA Milk Products Cooperative Incentered 2008-07-18

  Primary law: EPCRA

  Federal penalty: $24,739 · SEP: $47,918

Timeline (4 milestones)

• 2006-09-29Complaint Filed/Proposed Order
• 2006-10-11Enforcement Action Data Entered
• 2008-07-18Final Order Issued
• 2008-07-18Enforcement Action Closed