EPA v. ALLEN FAMILY FOODS, INC

Case summary

REGION III BOTH FILED A COMPLAINT AGAINST AND FINALIZED AN ADMINISTRATIVE CONSENT AGREEMENT AND FINAL ORDER WITH ALLEN FAMILY FOODS, INC. FOR TWO VIOLATIONS OF THE OIL POLLUTION PREVENTION REGULATIONS, WHICH WERE PROMULGATED UNDER SECTION 311(j) OF THE CLEAN WATER ACT, AS AMENDED ( CWA ). THE CAFO FINDS THAT ALLEN FAILED TO REVIEW AND EVALUATE ITS SPILL PREVENTION CONTROL COUNTERMEASURES ( SPCC ) PLAN EVERY FIVE YEARS AS REQUIRED BY 40 C.F.R. SECTION 112.5(b)(2002). IT ALSO FINDS THAT ALLEN FAILED TO PROPERLY INSTRUCT PERSONNEL IN THE OPERATION AND MAINTENANCE OF EQUIPMENT OF PREVENET THE DISCHARGES OF OIL AND APPLICABLE POLLUTION CONTROL LAWS, RULES, AND REGULATIONS AS REQUIRED BY 40 C.F.R. SECTION 112.7(e)(10)(2002). THE ADMINISTRATIVE COMPLAINT WAS ISSUED PURSUASNT TO SECTION 311(b)(6)(B)(i) OF THE CWA.

Defendants (1)

• ALLEN FAMILY FOODS, INCNamed in complaintNamed in settlement

Facilities (1)

• ALLEN FAMILY FOODS INCORPORATED HARBESON

  18752 HARBESON ROAD, HARBESON, DE, 19951

  Registry ID: 110056556597

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• ALLEN FAMILY FOODS, INCentered 2010-09-27

  Primary law: CWA

  Federal penalty: $11,000

Timeline (3 milestones)

• 2010-09-27Complaint Filed/Proposed Order
• 2010-09-27Final Order Issued
• 2010-10-05Enforcement Action Data Entered