EPA v. KERRY PACKAGING, INC.

Case summary

KERRY PACKAGING, INC. OPERATES A PLANT IN LONGWOOD, FL. WHICH PRINTS AND COATS PLASTIC WRAPPING. BASED ON A REPORT OF VOC USAGE, THE FLORIDA DEPT. OF ENVIRONMENTAL PROTECTION (DEP) DETERMINED THAT KERRY HAD EXCEEDED THE ANNUAL VOC CAP OF 193 TPY, CONTAINED INITS OPERATING PERMIT. VIOLATION OF THIS SYNTHETIC MINOR PERMIT RENDERED KERRY A MAJOR SOURCE SUBJECT TO PSD. FLORIDA DEP OBTAINED A CIVIL PENALTY OF $7950 FROM KERRY FOR PERMIT VIOLATIONS, BUT DID NOT PURSUE THE PSD VIOLATION. REGION IV ISSUED AN ADMINISTRATIVE PENALTY ORDER TO KERRY ON SEPTEMBER 28, 1994. THE ORDER PROPOSES A PENALTY OF $157,050 FOR PSD VIOLATIONS.

Defendants (1)

• KERRY PACKAGING, INC.

Facilities (1)

• WAUCONDA SAND & GRAVEL

  BONNER & GARLAND RD, WAUCONDA, IL, 60084

  Registry ID: 110009327022

Statutes cited

• CAA 113D — Clean Air Act

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: CAA

Timeline (3 milestones)

• 1994-09-28Complaint Filed/Proposed Order
• 1995-05-03Enforcement Action Data Entered
• 1995-09-25Enforcement Action Closed