EPA v. Friendship Dairies LLC

Case summary

Toxic Release Inventory Form R reports greater than one year late as noted in table below: CHEMICAL YEAR POUNDS PROCESSED DUE DATE POSTMARK DATE DAYS LATE PACS 2004 1,606 July 1, 2005 July 13, 2007 > 1 yr PACS 2005 9,628 July 3, 2006 August 7, 2007 > 1 yr Benzo(g,h,i) perylene 2004 17.3 July 1, 2005 July 13, 2007 > 1 yr Benzo(g,h,i) perylene 2005 103.7 July 3, 2006 August 7, 2007 > 1 yr On or about July 13, 2007, Friendship Dairies, LLC sent a letter to the United States Environmental Protection Agency - Region 2 in which the company voluntarily disclosed the failure to submit Toxic Release Inventory Form R reports to the EPA for Polycyclic Aromatic Compounds (PACS) and Benzo(g,h,i)perylene for calendar years 2004 and 2005 under Section 313 of EPCRA and requested relief for any associated penalties under the Audit Policy. The failure to submit a Form A or Form R report in a timely manner, constitutes a violation of Section 313 of the Emergency Planning and Community Right-to-Know-Act of 1986 (EPCRA), 42 U.S.C. section 11023, and with 40 C.F.R. section 372.30.

Defendants (1)

• Friendship Dairies LLCNamed in complaintNamed in settlement

Facilities (3)

• FRIENDSHIP DAIRIES LLC

  6701 COUNTY ROAD 20, FRIENDSHIP, NY, 14739

  Registry ID: 110019220573

• FRIENDSHIP DAIRIES LLC

  6701 COUNTY ROAD 20, FRIENDSHIP, NY, 14739

  Registry ID: 110019220573

• FRIENDSHIP DAIRIES LLC

  6701 COUNTY ROAD 20, FRIENDSHIP, NY, 14739

  Registry ID: 110019220573

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Friendship Dairies LLCentered 2008-04-04

  Primary law: EPCRA

  Federal penalty: $8,866 · SEP: $18,768

Timeline (4 milestones)

• 2007-11-29Complaint Filed/Proposed Order
• 2007-12-14Enforcement Action Data Entered
• 2008-04-04Final Order Issued
• 2008-04-04Enforcement Action Closed