EPA v. BOAR'S HEAD PROVISIONS COMPANY, INC.

Case summary

On May 3, 2021, EPA Region III filed a signed Consent Agreement and Final Order ( CAFO ) resolving an action against Boar's Head Provisions Co., Inc. for suspected violations of Section 103(a) of the CERCLA and Section 304 of EPCRA, in connection with Respondent's failure to timely report its December 28-30, 2017 release of approximately 1,700 pounds of anhydrous ammonia from its meat processing facility in Petersburg, Virginia. Specifically, EPA alleged that Respondent failed to immediately notify the National Response Center ( NRC ) and the State emergency response commission ( SERC ) of the ammonia release as soon as Respondent knew, or should have known, that a release of a hazardous substance or extremely hazardous substance had occurred from the facility in an amount equal to or exceeding the applicable reportable quantity, in violation of CERCLA 103(a) and EPCRA 304(a-b). Additionally, EPA alleged that Respondent failed to provide a written, follow-up emergency notice to the State emergency response commission (SERC ) and to the LEPC, as soon as practicable following the ammonia release, in violation of EPCRA 304(c). The Virginia Department of Environmental Quality is aware of this action. The settlement requires Respondent to pay $68,000.00 in civil penalties to resolve the alleged violations.

Defendants (1)

• BOAR'S HEAD PROVISIONS COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• BOAR'S HEAD PROVISIONS COMPANY, INC.

  1950 INDUSTRY PLACE, PETERSBURG, VA, 23805

  Registry ID: 110012168395

Statutes cited

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

Enforcement conclusions (1)

• BOAR'S HEAD PROVISIONS COMPANY, INC.entered 2021-05-03

  Primary law: EPCRA

Timeline (4 milestones)

• 2021-05-03Complaint Filed/Proposed Order
• 2021-05-03Final Order Issued
• 2021-05-04Enforcement Action Data Entered
• 2021-05-24Enforcement Action Closed