EPA v. TYSON FARMS, INC

Case summary

On June 1, 2012, Region III filed a Consent Agreement and Final Order (“CAFO”) with Tyson Farms, Inc. to both initiate and resolve a violation of Section 103 of CERCLA and violations of Section 304 of EPCRA. In the CAFO EPA alleges that Tyson Farms, Inc. failed to immediately notify the National Response Center as soon as it knew or should have known that a release of ammonia had occurred from the Glen Allen Processing Plant facility in an amount exceeding the relevant reportable quantity as required by Section 103 of CERCLA. Further, in the CAFO, EPA alleged that Tyson failed to file the required reports of the release with the State Emergency Response Commission and the Local Emergency Planning Committee as required by Section 304 of EPCRA. Tyson previously self-disclosed the violations but failed to meet the requirements of the Self-Disclosure Policy because it did not correct the violations in a timely manner and because Tyson had been the subject of enforcement actions for violations in other Regions related to the failure to report ammonia releases.

Defendants (1)

• TYSON FARMS, INCNamed in complaintNamed in settlement

Facilities (1)

• TYSON FOODS INCORPORATED - GLEN ALLEN PROCESSING PLANT

  13264 MOUNTAIN ROAD, GLEN ALLEN, VA, 23059-1737

  Registry ID: 110000339107

Statutes cited

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

Enforcement conclusions (1)

• TYSON FARMS, INCentered 2012-06-01

  Primary law: CERCLA

  Federal penalty: $10,631

Timeline (3 milestones)

• 2012-06-01Complaint Filed/Proposed Order
• 2012-06-01Final Order Issued
• 2012-06-14Enforcement Action Data Entered