EPA v. HANOVER FOODS CORPORATION

Case summary

On July 13, 2016, EPA filed a Consent Agreement and Final Order, which initiated and settled EPA's penalty claim for violations of CERCLA Section 103 and EPCRA Section 304, in connection with a release of approximately 1,782 pounds of ammonia on October 2, 2014 from Respondent's vegetable processing and distribution facility located at 502 Factory Lane, Ridgely, Maryland (the Facility ). The Consent Agreement asserts that Respondent failed to immediately notify the National Response Center, the State Emergency Response Commission ( SERC ), and the Local Emergency Planning Committee ( LEPC ) as soon as Respondent knew or should have known that the October 2, 2014 release of ammonia, an extremely hazardous substance, exceeded the 100 pound reportable quantity ( RQ ) for ammonia. Additionally, the Consent Agreement asserts that Respondent failed to provide a written follow-up emergency notice, as soon as practicable, to update the SERC and LEPC regarding the October 2, 2014 release of ammonia from the Facility. Respondent has agreed to pay a penalty of $83,548 to settle the matter.

Defendants (1)

• HANOVER FOODS CORPORATIONNamed in complaintNamed in settlement

Facilities (4)

• HANOVER FOODS CORPORATION

  502 FACTORY LANE, RIDGELY, MD, 21660

  Registry ID: 110011740731

• HANOVER FOODS CORPORATION

  502 FACTORY LANE, RIDGELY, MD, 21660

  Registry ID: 110011740731

• HANOVER FOODS CORPORATION

  502 FACTORY LANE, RIDGELY, MD, 21660

  Registry ID: 110011740731

• HANOVER FOODS CORPORATION

  502 FACTORY LANE, RIDGELY, MD, 21660

  Registry ID: 110011740731

Statutes cited

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

Enforcement conclusions (1)

• HANOVER FOODS CORPORATIONentered 2016-07-13

  Primary law: CERCLA

  Federal penalty: $83,548

Timeline (3 milestones)

• 2016-07-13Enforcement Action Data Entered
• 2016-07-13Final Order Issued
• 2016-07-13Complaint Filed/Proposed Order