EPA v. OLD POULTRY, LLC (NEW MARKET POULTRY FACILITY)

Case summary

EPA REGION III AND OLD POULTRY, LLC ( OLD POULTRY ) HAVE EXECUTED A CONSENT AGREEMENT, DOCKET NO. CERCLA/EPCRA-03-2013-0007, INITIATING AND SETTLING AN ADMINISTRTIVE ENFORCEMENT ACTION FOR VIOLATIONS OF SECTION 103 OF CERCLA, 42 U.S.C. SECTION 9603, AND SECTIONS 304 AND 312 OF EPCRA, 42 U.S.C. SECTION 11004, 11022. OLD POULTRY FAILED TO NOTIFY THE NATIONAL RESPONSE CENTER, THE STATE EMERGENCY RESPONSE COMMISSION AND THE LOCAL EMERGENCY PLANNING COMMITTEE IMMEDIATELY FOLLOWING NON-PERMITTED RELEASES OF AMMONIA ON JULY 23, 2008, AT ITS FACILITY LOCATED AT 145 EAST OLD CROSS ROAD, NEW MARKET, VIRGINIA. OLD POULTRY ALSO FAILED TO SUBMIT ANNUAL REPORTING FORMS TO THE APPROPRIATE STATE AND LOCAL AGENCIES IDENTIFYING HAZARDOUS CHEMICALS THAT WERE PRESENT AT THE OLD POULTRY FACILITY.

Defendants (1)

• OLD POULTRY, LLCNamed in complaintNamed in settlement

Facilities (1)

• OLD POULTRY, LLC

  145 EAST OLD CROSS ROAD, NEW MARKET, VA, 22844-9534

  Registry ID: 110010596408

Statutes cited

• EPCRA 304 — Emergency Release Notification Section 313 Program
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• OLD POULTRY, LLC (NEW MARKET POULTRY FACILITY)entered 2012-12-13

  Primary law: CERCLA

  Federal penalty: $89,609

Timeline (3 milestones)

• 2012-12-13Final Order Issued
• 2012-12-13Complaint Filed/Proposed Order
• 2013-01-17Enforcement Action Data Entered