EPA v. PEPSI BOTTLING GROUP

Case summary

ON DECEMBER 28, 2007, REGION III ISSUED A NOTICE OF DETERMINATION ( NOD ) BASED ON A SELF-DISCLOSURE PROVIDEDD BY PEPSI BOTTLING GORUP ( PBG ) FOR VIOLATIONS OF SECTION 6(e) OF TOXIC SUBSTANCES CONTROL ACT ( TSCA ) AT A FACILITY LOCATED ON 2039-2099 VULTEE STREET, ALLENTOWN, PENNSYLVANIA. PBG LEASES THIS FACILITY FROM EDLENREALTY AND USES IT AS STORAE/WAREHOUSE FOR SOFT DRINK DISTRIBUTION. PBG's DISCLOSURE PERTAINED TO THE REGULATIONS GOVERNING USE CONDITIONS FOR A PCB TRANSFORMER AND ARE REQUERED BY 40 C.F.R SUBSECTION761. REGIO III HAS DETERMINED THAT PBG SATISFIED THE SELF DISCLOSURE POLICY'S NINE CONDITIONS AND THEREFORE QUALIFIED FOR A FULL REDUCTION OF THE GRAVITY BASED PENALTY. SINCE ANY ECONOMIC BENEFIT PBG ACCRUED WAS INSIGNIFICANT, THAT PENALTY WAS ALSO WAIVED. THE PEPSI BOTTLING GROUP SUBMITTED A VOLUNTARY SELF DISCLOSURE FOR A POTENTIAL VIOLATION OF THE TOXIC SUBSTANCE CONTROL ACT.

Defendants (1)

• BARRY ISETT & ASSOCIATES, INC.

Facilities (1)

• PEPSI BOTTLING GROUP

  2039-2099 VULTEE STREET, ALLENTOWN, PA, 19000

  Registry ID: 110033189305

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• PEPSI BOTTLING GROUPentered 2007-12-28

  Primary law: TSCA

Timeline (2 milestones)

• 2006-09-28Enforcement Action Data Entered
• 2007-12-28Final Order Issued