EPA v. LAND-O-SUN DAIRIES, LLC d/b/a PET DAIRY

Case summary

ON DECEMBER 9, 2009, EPA COMMENCED AND SETTLED AN ACTION UNDER SECTION 113 OF THE CLEAN AIR ACT WITH THE SIGNING OF A SUPER CONSENT AGREEMENT AND ACCOMPANYING FINAL (SUPERCAFO) WITH LAND-O-SUN DAIRIES, LLC D/B/A PET DAIRY ( LAND-O-SUN ), A DELAWARE LIMITED LIABILITY COMPANY WITH MILK PROCESSING FACILITY LOCATED AT 1505 ROBIN HOOD ROAD IN RICHMOND, VIRGINIA. THE FACILITY USES AMMONIA IN ITS REFRIGERATION SYSTEM. LAND-O-SUN VIOLATED OF SECTION 112(r)(7) OF THE CAA, 42 U.S.C. SECTION 7412(r)(7), BY FAILING TO SUBMIT A RISK MANAGEMENT PLAN, AS REQUIRED FOR ITS USE OF AMMONIA IN AN EXCESS AMOUNT. IN SETTLEMENT OF THIS MATTER, LAND-O-SUN HAS AGREED TO PAY EPA A PENALTY. ALL ISSUES ADDRESSED IN THE SUPERCAFO HAVE BEEN RESOLVED.

Defendants (1)

• LAND-O-SUN DAIRIES, LLC d/b/a PET DAIRYNamed in complaintNamed in settlement

Facilities (1)

• PET DAIRY

  1505 ROBIN HOOD RD, RICHMOND, VA, 23261

  Registry ID: 110008195210

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)
• CAA 112R — General Duty/Accidental Release

Enforcement conclusions (1)

• LAND-O-SUN DAIRIES, LLC d/b/a PET DAIRYentered 2009-12-09

  Primary law: CAA

  Federal penalty: $11,174

Timeline (3 milestones)

• 2009-12-09Complaint Filed/Proposed Order
• 2009-12-09Final Order Issued
• 2009-12-10Enforcement Action Data Entered