EPA v. SCHREIBER FOODS, INC.

Case summary

On April 11, 2019, EPA filed a Consent Agreement and Final Order, which initiated and settled EPA's penalty claim for violations of the notification and reporting requirements in CERCLA Section 103 and EPCRA Section 304, regarding a release of approximately 114 pounds of ammonia on September 6, 2016 ('the Release') from Schreiber Foods, Inc.'s ( Respondent's ) cream cheese and yogurt manufacturing facility located at 208 East Dykeman Road, Shippensburg, Pennsylvania ( the Facility ). This direct enforcement action by EPA addresses the need for facilities which use and store quantities of hazardous chemicals in excess of threshold amounts to strictly adhere to notification requirements in the event of a chemical release in excess of a chemical-specific reportable quantity (?RQ?) so that local, state, and federal responders can evaluate the situation and respond as needed to protect human health and the environment. EPA had sent Respondent a Show Cause letter on September 27, 2018, regarding these violations and proposing a penalty of $50,415. 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 Release of ammonia, an extremely hazardous substance, exceeded the 100-pound RQ for ammonia. Additionally, the Consent Agreement asserts that Respondent failed to timely provide written follow-up emergency notices, as soon as practicable, to update the SERC and the LEPC regarding the Release from the Facility. Respondent has agreed to pay a penalty of $23,339 and to implement a Supplemental Environmental Project to prevent ammonia pollution through upgrades to the plant cooling systems to settle the matter.

Defendants (1)

• SCHREIBER FOODS, INC.Named in complaintNamed in settlement

Facilities (1)

• SCHREIBER FOODS, INC.

  208 EAST DYKEMAN ROAD, SHIPPENSBURG, PA, 17257

  Registry ID: 110015752719

Statutes cited

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

Enforcement conclusions (1)

• SCHREIBER FOODS, INC.entered 2019-04-11

  Primary law: CERCLA

  Federal penalty: $23,339 · SEP: $6,117

Timeline (4 milestones)

• 2019-04-11Complaint Filed/Proposed Order
• 2019-04-11Final Order Issued
• 2019-04-19Enforcement Action Data Entered
• 2019-07-15Enforcement Action Closed