EPA v. GALLIKER DAIRY COMPANY

Case summary

ON DECEMBER 29, 2010, THE REGIONAL JUDICIAL OFFICER FOR REGION III SIGNED A CONSENT AGREEMENT AND FINAL ORDER ( SUPER CAFO ), WHICH RESOLVED ALLEGED VIOLATIONS OF SECTION 103 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), 42 U.S.C. SECTION 9603, AND SECTIONS 304, 311, AND 312 OF THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW AT, 42 U.S.C. SECTION 11004, 11021, 11022, AGAINST GALLIKER DAIRY COMPANY COMPANY ( GALLIKER ), AT ITS FACILITY LOCATED AT 143 DONALD LANE IN JOHNSTOWN, PENNSYLVANIA ( FACILITY ). THE VIOLATIONS OF SECTION 103 OF CERCLA AND SECTION 304 OF ECPRA WERE ASSERTED AS A RESULT OF GALLIKER'S ALLEGED FAILURE TO IMMEDIATELY NOTIFY THE NATIONAL RESPONSE CENTER, THE STATE EMREGENCY RESPONSE COMMISSION ( SERC ), AND TEH LOCAL EMERGENCY PLANNING COMMITTEE ( LEPC ) OF A RELEASE OF AMMONIA AT THE FACILITY ON MARCH 11, 2008, AND GALLIKER'S ALLEGED FAILURE TO PROVIDE A TIMELY FOLLOW-UP REPORT REGARDING THE RELEASE TO THE SERC. THE VIOLATIONS OF SECTIONS 311 AND 312 OF EPCRA WERE ASSERTED AS A RESULT OF GALLIKER'S FAILURE TO PROVIDE INFORMATION REGARDING TWO EXTREMELY HAZARDOUS SUBSTANCES AND ONE HAZARDOUS CHEMICAL TO THE SERC, LEPC, AND LOCAL FIRE DEPARTMENT. TO SETTLE THIS MATTER, GALLIKER HAS AGREED TO PAY A PENALTY.

Defendants (1)

• GALLIKER DAIRY COMPANYNamed in complaintNamed in settlement

Facilities (1)

• GALLIKER DAIRY COMPANY

  143 DONALD LANE, JOHNSTOWN, PA, 15904

  Registry ID: 110000772762

Statutes cited

• EPCRA 311 — Material Safety Data Sheets (MSDS)
• EPCRA 304 — Emergency Release Notification Section 313 Program
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• GALLIKER DAIRY COMPANYentered 2010-12-29

  Primary law: CERCLA

  Federal penalty: $38,495

Timeline (3 milestones)

• 2010-12-29Final Order Issued
• 2010-12-29Complaint Filed/Proposed Order
• 2011-01-18Enforcement Action Data Entered