EPA v. SUNSHINE PRIDE DAIRY, INC

Case summary

The Regional Judicial Officer issued a Final Order on June 1, 2016, accepting the Consent Agreement to commence and settle violations of CERCLA Section 103, EPCRA Sections 304 and 312 and CAA Section 112(r)(7), in connection with a cheese and dairy manufacturing facility operated by Sunshine Pride Dairy, Inc., and formerly located at 801 North Kent Street in Winchester, Virginia. Sunshine Pride Dairy shut down its cheese production in December 2011 but failed to drain the ammonia from its ammonia refrigeration system or adequately maintain the system. Two separate releases occurred from the facility on July 4, 2012 and July 17, 2012. Sunshine Pride Dairy failed to notify the National Response Center or state and local officials of the release. Sunshine Pride Dairy also failed to timely submit emergency and hazardous chemical inventory forms (Tier 2s) to the state, county, and local reporting entities for the anhydrous ammonia it was storing on-site from 2011 to 2012, in violation of EPCRA Section 312. In addition, Sunshine Pride Dairy failed to update its standard operating procedures to reflect the shut-down condition, maintain records, conduct inspections and testing, and deregister its facility from the Risk Management Program database, in violation of CAA 112(r)(7) and the Chemical Accident Prevention Provisions of 40 CFR Part 68. In settlement, Sunshine Pride Dairy has agreed to pay a cash penalty of $179,074.

Defendants (1)

• SUNSHINE PRIDE DAIRY, INCNamed in complaintNamed in settlement

Facilities (2)

• SUNSHINE PRIDE DAIRY, INC.

  801 NORTH KENT STREET, WINCHESTER, VA, 22601-5415

  Registry ID: 110000869855

• SUNSHINE PRIDE DAIRY, INC.

  801 NORTH KENT STREET, WINCHESTER, VA, 22601-5415

  Registry ID: 110000869855

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
• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• SUNSHINE PRIDE DAIRY, INCentered 2016-06-02

  Primary law: CAA

  Federal penalty: $179,074

Timeline (3 milestones)

• 2016-06-02Complaint Filed/Proposed Order
• 2016-06-02Final Order Issued
• 2016-06-08Enforcement Action Data Entered