EPA v. ROCCO ENTERPRISE, INC.

Case summary

On September 30, 2003 EPA issued a Notice of Determination ( NOD ) pursuant to the Final Policy Statement on Incentives for Self-Policing: Discovery, Disclosure, Correction, and Prevention of Violations , 65 Fed. Reg. 19618 (April 11, 2000). The NOD is based on self-disclosures provided by Rocco Enterprises, Inc. ( Rocco ), for violations of Sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act ( EPCRA ) 42 U.S.C. ����11021,11022 and its implementing regulations at 40 C.F.R. Part 370. One Rocco facility is located at One Kratzer Road, Harrisonburg, VA. In letters to EPA dated April 20, 2001 and August 13, 2001 and in subsequent responses to EPA inquiries, Rocco disclosed that several facilities (5) owned and operated by Rocco in various locations in the Commonwealth of Virginia had failed to submit Material Safety Data Sheets and Tier II Reports to the Local Emergency Planning Committee (LEPC), the State Emergency Response Commission (SERC), and the local fire department for Carbon Dioxide, Diesel Fuel, No. 2 Heating Oil, Unleaded Gasoline, Sulfur Dioxide, Ammonia, Chlorine, Anhydrous Ammonia, Waste Oil and Calcium Oxide which had been stored at the various facilities during years 1998, 1999 and 2000 at amounts above threshold limits. The total gravity-based civil penalty for these violations would be $404,252. However, Rocco satisfied all of the conditions of EPA's Self-Disclosure Policy and the amount of economic benefit gained is insignificant; therefore, EPA waived the gravity-based civil penalty for the disclosed violations.

Defendants (1)

• ROCCO ENTERPRISES, INC.Named in complaintNamed in settlement

Facilities (5)

• ROCCO FOOD PRODUCTS, INC

  MAIN ST AND DINGELDINE ALLEY, DAYTON, VA, 22821

  Registry ID: 110015748431

• ROCCO FARMS FOODS INC

  RT 3 BOX 370, EDINBURG, VA, 22824

  Registry ID: 110015748495

• ROCCO FOOD PRODUCTS, INC

  RT 11 S, MOUNT CRAWFORD, VA, 22841

  Registry ID: 110000562775

• ROCCO POULTRY OPERATIONS, INC

  RTE 42 AND MOSBY RD, DAYTON, VA, 22821

  Registry ID: 110000341363

• ROCCO FARMS INC

  1724 COUNTRY CLUB RD, HARRISONBURG, VA, 22801

  Registry ID: 110015748342

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms

Enforcement conclusions (1)

• ROCCO ENTERPRISE, INCentered 2003-09-30

  Primary law: EPCRA

Timeline (4 milestones)

• 2001-09-04Enforcement Action Data Entered
• 2003-09-30Final Order Issued
• 2003-09-30Enforcement Action Closed
• 2003-09-30Complaint Filed/Proposed Order