EPA v. THE MUSHROOM COMPANY

Case summary

THE REGIONAL JUDICIAL OFFICER ISSUED A FINAL ORDER ON SEPTEMBER 26, 2012, ACCPETING THE CONSENT AGREEMENT TO SETTLE A VIOLATION OF CERCLA SECTION 103 AND EPCRA SECTION 304 IN CONNECTION WITH THE RELEASE OF 1,700 POUNDS OF AMMONIA THAT OCCURRED ON MAY 29, 2010 FROM A MUSHROOM PROCESSING FACILITY OWNED AND OPERATED BY THE MUSHROOM COMPANY, LOCATED AT 902 WOODS ROAD IN CAMBRIDGE, MARYLAND. THE MUSHROOM COMPANY FAILED TO IMMEDIATELY NOITFY THE NATIONAL RESPONSE CENTER AND THE STATE EMERGENCY RESPONSE COMMISSION ( SERC ) FOLLOWING THE RELEASE OF AMMONIA FROM THE FACILITY, AND FAILED TO SUBMIT REQUIRED FOLLOW-UP REPORTS TO SERC AND THE LOCAL EMERGENCY PLANNING COMMITTEE. IN SETTLEMENT, THE MUSHROOM COMPANY HAS AGREED TO PAY A CASH PENALTY, AND TO IMPLEMENT A SUPPLEMENTAL ENVIRONMENTAL PROJECT ( SEP ), INVOLVING THE PURCHASE AND DELIVERY OF EMERGENCY RESPONSE EQUIPMENT FOR THE CAMBRIDGE FIRE RESCUE COMPANY, WHICH WILL ENABLE THE HAZMAT RESPONSE COMPANY TO GATHER, ASSESS AND COMMUNICATE NECESSARY INFORMATION ON HAZARDOUS CHEMICALS AT THE FACILITIES AND TO RESPOND TO CHEMICAL RELEASES. THE EQUIPMENT INCLUDES 6 TUFF-BOOKS AND 1 HAZMAT COMPUTER GIVE RESPONDERS ACCESS TO INFORMATION FILES WHILE IN THE FIELD, WEATHER INSTRUMENTS AND SOFTWARE TO IDENTIFY POSSIBLE IMPACTS AND ROUTE OF CHEMICAL RELEASES, A POSITIVE PRESSURE VENTILATION FAN, AND A PICKUP TRUCK TO PULL A DECON TRAILER.

Defendants (1)

• THE MUSHROOM COMPANYNamed in complaintNamed in settlement

Facilities (1)

• THE MUSHROOM COMPANY

  902 WOODS ROAD, CAMBRIDGE, MD, 21613-9470

  Registry ID: 110001779889

Statutes cited

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

Enforcement conclusions (1)

• THE MUSHROOM COMPANYentered 2012-09-26

  Primary law: CERCLA

  Federal penalty: $21,580 · SEP: $79,888

Timeline (3 milestones)

• 2012-09-26Final Order Issued
• 2012-09-26Complaint Filed/Proposed Order
• 2012-10-04Enforcement Action Data Entered