EPA v. SHENANDOAH'S PRIDE

Case summary

THE U.S. EPA IS WAIVING A POTENTIAL $40,800 PENALTY AGAINST SHENANDOAH'S PRIDE, LLC AFTER THE COMPANY VOLUNTARILY DISCLOSED AND CORRECTED CHEMICAL RELEASE REPORTING VIOLATION AT ITS DAIRY PRODUCT PLANT IN SPRINGFIELD, VA. ACTING UNDER AN EPA POLICY THAT REWARDS COMPANIES FOR STRICTLY MONITORING THEIR OWN ENVIRONMENTAL COMPLIANCE, THE AGENCY'S MID-ATLANTIC OFFICE TODAY (6/7/01) ANNOUNCED THAT IT IS WAIVING TOTAL PENALTIES OF $345,105 AGAINST SHENANDOAH'S PRIDE AND SEVEN OTHER COMPANIES IN PENNSYLVANIA AND VIRGINIA THAT VOLUNTARILY DISCLOSED ENVIRONMENTAL VIOLATIONS. IN 1999, SHENANDOAH'S PRIDE NOTIFIED EPA THAT AN ENVIRONMENTAL COMPLIANCE AUDIT UNCOVERED POTENTIAL VIOLATIONS OF THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO- KNOW ACT (EPCRA) -- THE FEDERAL LAW REQUIRING COMPANIES TO FILE ANNUAL REPORTS ON TOXIC CHEMICALS. UNDER EPCRA, COMPANIES THAT MANUFACTURE, PROCESS OR USE MORE THAN A THRESHOLD AMOUNT OF REGULATED CHEMICALS MUST REPORT BOTH ROUTINE AND ACCIDENTAL RELEASES OF THESE CHEMICALS. SHENANDOAH'S PRIDE DISCOVERED THAT IT HAD INADVERTENTLY FAILED TO FILE TIMELY REPORTS ON RELEASES OF PHOSPHORIC COMPOUNDS IN 1995, 1996, AND 1997. THE COMPANY PROPMPTLY FILED THE REQUIRED REPORTS. NOTE: THE ALLEGED VIOLATIONS INVOLVED REPORTING REQUIREMENTS, NOT UNLAWFUL CHEMICAL RELEASES. EPA DETERMINED THAT THE COMPANY QUALIFIED FOR A PENALTY WAIVER UNDER AGENCY'S AUDIT POLICY, WHICH ENCOURAGES COMPANIES TO SELF-POLICE THEIR OWN COMPLIANCE WITH ENVIRONMENTAL REGULATIONS AND VOLUNTARILY REPORT VIOLATIONS. THE POLICY SUBSTANTIALLY REDUCES, AND OFTEN ELIMINATES, PENALTIES FOR VIOLATIONS DISCOVERED AND CORRECTED BY A COMPANY. THE POLICY DOES NOT COVER CRIMINAL VIOLAITONS, OR VIOLATIONS RESULTING IN SIGNIFICANT HARM TO PUBLIC HEALTH OR THE ENVIRONMENT. EPA DETERMINED THAT THE COMPANY'S REPORTING VIOLATION DID NOT RESULT IN ANY SERIOUS ACTUAL HARM TO HUMAN HEALTH OR THE ENVIRONMENT. BECAUSE THE COMPANY DID NOT GAIN A SIGNIFICANT ECONOMIC BENEFIT FROM THESE REPORTING VIOLATIONS EPA AGREED TO A COMPLETE PENALTY WAIVER.

Defendants (1)

• SHENANDOAH'S PRIDENamed in complaintNamed in settlement

Facilities (2)

• SHENDOAH PRIDE DAIRY

  5325 PORT ROYAL ROAD, SPRINGFIELD, VA, 22151

  Registry ID: 110000340863

• SHENDOAH PRIDE DAIRY

  5325 PORT ROYAL ROAD, SPRINGFIELD, VA, 22151

  Registry ID: 110000340863

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• SHEENANDOAH'S PRIDEentered 2001-05-31

  Primary law: EPCRA

Timeline (4 milestones)

• 2001-05-24Enforcement Action Data Entered
• 2001-05-31Final Order Issued
• 2001-05-31Enforcement Action Closed
• 2001-05-31Complaint Filed/Proposed Order