EPA v. ZIEGENFELDER COMPANY

Case summary

THE REGIONAL JUDICIAL OFFICER ISSUED A FINAL ORDER ON MARCH 20, 2014, ACCEPTING THE CONSENT AGREEMENT TO COMMENCE AND SETTLE VIOLATIONS OF CERCLA SECTION 103 AND EPCRA SECTION 304 IN CONNECTION WITH THE RELEASE OF 140 POUNDS OF AMMONIA THAT OCCURRED ON APRIL 25, 2011 FROM A WATER ICE NOVELTY MANUFACTURING FACILITY OWNED AND OPERATED BY ZIEGENFELDER COMPANY LOCATED AT 87 18TH STREET IN WHEELING, WEST VIRGINIA. ZEIGENFELDER FAILED TO IMMEDIATELY NOTIFY 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, ZIEGENFELDER COMPANY HAS AGREED TO PAY A CASH PENALTY OF $32,550.

Defendants (1)

• ZIEGENFELDER COMPANYNamed in complaintNamed in settlement

Facilities (1)

• THE ZIEGENFELDER COMPANY

  87 18TH STREET, WHEELING, WV, 26003

  Registry ID: 110063978771

Statutes cited

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

Enforcement conclusions (1)

• ZIEGENFELDER COMPANYentered 2014-03-20

  Primary law: EPCRA

  Federal penalty: $32,550

Timeline (3 milestones)

• 2014-03-20Complaint Filed/Proposed Order
• 2014-03-20Final Order Issued
• 2014-03-25Enforcement Action Data Entered