EPA v. H.J. HEINZ COMPANY

Case summary

On December 30, 2003, EPA filed a combined administrative complaint, consent agreement and final order with H.J. Heinz Company, L.P. (Heinz). The complaint, consent agreement, and final order was filed pursuant to Section 109 of CERCLA and Section 325 of EPCRA and was based on Heinz's failure to immediately report to the National Response Center, the State Emergency Response Commission, and the Local Emergency Planning Committee (LEPC) regarding the release of 800 pounds of ammonia from its West Chester facility in violation of Section 103 of CERCLA and Section 304 of EPCRA. In addition, the facility failed to timely complete and submit chemical inventory forms to the LEPC for the 1999 calendar year for two extremely hazardous substances that were stored at its West Chester facility. The settlement requires Heinz to pay a total civil penalty of $42,451.

Defendants (1)

• H.J. HEINZ COMPANYNamed in complaintNamed in settlement

Facilities (1)

• H.J. HEINZ COMPANY

  700 OLD FERN HILL ROAD, WEST CHESTER, PA, 19380

  Registry ID: 110008995837

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 304 — Emergency Release Notification Section 313 Program

Enforcement conclusions (1)

• H.J. HEINZ COMPANYentered 2003-12-30

  Primary law: EPCRA

  Federal penalty: $42,451

Timeline (4 milestones)

• 2003-10-30Enforcement Action Data Entered
• 2003-12-30Complaint Filed/Proposed Order
• 2003-12-30Final Order Issued
• 2004-01-12Enforcement Action Closed