EPA v. Suiza Dairy Corporation

Case summary

EPA is requesting that the Department of Justice seek a court order enforcing two orders issued pursuant to Section 113(a)(3)(B) of the Clean Air Act to the Defendant, ordering compliance at both its Rio Piedras and Aguadilla facilities. A previously issued EPA Order required the Defendant to take specific steps to come into compliance with the Risk Management Plan requirements and General Duty Clause at its facility in Rio Piedras. A similar Order required the Defendant to come into compliance with the General Duty Clause at its Aguadilla facility. The Defendant has refused or failed to comply with both Orders. Seeking injunctive relief to address additional safety concerns discovered during May 2009 inspections of the Aguadilla facility, penalties for violations of both the Rio Piedras Order and the Aguadilla Order, and penalties for the underlying CAA violations which initially led to the issuance of the orders. The CD resolves violations of Sections 112(r)(1) and 112(r)(7) of the CAA at its facilities in Rio Piedras and Aguadilla, Puerto Rico. The terms of the Consent Decree require payment of a civil penalty; compliance with 85 facility-specific release prevention requirements, and performance of supplemental environmental projects.

Defendants (1)

• Suiza Dairy CorporationNamed in complaintNamed in settlement

Facilities (3)

• SUIZA DAIRY

  CARR. 467 KM 0.9 BO CAMASEYES, AGUADILLA, PR, 00603

  Registry ID: 110000580363

• SUIZA DAIRY

  51 AVE DE DIEGO URB RIO PIEDRAS, RIO PIEDRAS, PR, 00921

  Registry ID: 110001660131

• SUIZA DAIRY

  CARR. 467 KM 0.9 BO CAMASEYES, AGUADILLA, PR, 00603

  Registry ID: 110000580363

Statutes cited

• CAA 113A — Violation of Existing Administrative Order
• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)
• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• Suiza Dairy Corporationentered 2013-02-13

  Primary law: CAA

  Federal penalty: $275,000 · SEP: $3,020,000

Timeline (7 milestones)

• 2009-08-26Referred To Dept Of Justice
• 2009-08-27Enforcement Action Data Entered
• 2012-09-28Complaint Filed With Court
• 2012-09-28Final Order Lodged
• 2013-02-13Concluded
• 2013-02-13Final Order Entered
• 2017-01-30Enforcement Action Closed