EPA v. NESTLE PURINA PETCARE COMPANY, INC

Case summary

ON JUNE 30, 2005, EPA REGION III ISSUED AN ADMINISTRATIVE COMPLAINT TO NESTLE PURINA PETCARE COMPANY ( NESTLE' PURINA ) SEEKING A TOTAL PENALTY OF $24,376.00 FOR VIOLATIONS OF SECTION 103 OF CERCLA AND SECTION 304(b) OF EPCRA IN CONNECTION WITH AN AMMONIA RELEASE AT ITS FACILITY IN ALLENTOWN, PENNSYLVANIA. NESTLE PURINA FAILED TO NOTIFY THE NRC AND THE SERC IMMEDIATELY FOLLOWING THE RELEASE 2,000 POUNDS OF ANHYDROUS AMMONIA FROM ITS FACILITY IN ALLENTOWN, PENNSYLVANIA ON MAY 11, 2004. NESTLE PURINA'S FAILURE TO REPORT THE MAY 11, 2004 RELEASE IMMEDIATELY TO THE NRC, AND THE SERC UNDERMINED THE REPORTING SYSTEMS UNDER CERCLA AND EPCRA, WHICH ARE DESIGNED TO ENABLE FEDERAL, STATE, AND LOCAL AUTHORITIES TO RESPOND TO CHEMICAL RELEASES FROM FACILITIES IN THEIR COMMUNITIES.

Defendants (1)

• NESTLE PURINA PETCARE COMPANYNamed in complaintNamed in settlement

Facilities (2)

• NESTLE PURINA PETCARE COMPANY INCORPORATED

  2050 POPE ROAD, ALLENTOWN, PA, 181049308

  Registry ID: 110000334638

• NESTLE PURINA PETCARE COMPANY INCORPORATED

  2050 POPE ROAD, ALLENTOWN, PA, 181049308

  Registry ID: 110000334638

Statutes cited

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

Enforcement conclusions (1)

• NESTLE PURINA PETCARE COMPANY, INCentered 2005-08-30

  Primary law: CERCLA

  Federal penalty: $18,282

Timeline (4 milestones)

• 2005-06-30Complaint Filed/Proposed Order
• 2005-07-01Enforcement Action Data Entered
• 2005-08-30Final Order Issued
• 2005-09-15Enforcement Action Closed