EPA v. EARTHGRAINS COMPANY (NATIONAL CASE)

Case summary

THIS REFERRAL IS PART OF A MULTI-REGIONAL REFERRAL BEING LEAD BY REGION 7. EARTHGRAIN'S IS A LARGE BAKERY OPERATION WITH 66 FACILITIES NATIONWIDE AND 18 FACILITIES LOCATED IN REGION 4. AS PART OF A MULTI- REGIONAL REFERRAL, REGION 4 STAFF IDENTIFIED 1,687 VIOLATIONS AT 17 OF THE 18 FACILITIES LOCATED IN REGION 4. IN ITS BAKING PROCESS, EARTHGRAIN FACILITIES USE LARGE INDUSTRIAL CHILLERS OR LARGE COMPRESSORS THAT CONTAIN OVER 50 POUNDS OF CLASS I OR CLASS II REFRIGERANT. THE USE OF THESE REFRIGERANTS IS REGULATED UNDER SECTION 608 OF THE CAA AND 40 CFR PART 82, SUBPART F. THE PENALTY CALCULATION FROM THE PENALTY POLICIES FOR THE FACILITIES IN REGION 4 IS $20,282,419 -- AN AVERAGE OF OVER $1 MILLION PER FACILITY. THE STATUTORY MAXIMUM PENALTY FOR ALL VIOLATIONS IN REGION 4 IS $47,302,500. THE REFERRAL, HOWEVER, DOES NOT INDICATE A PARTICULAR SUGGESTED SETTLEMENT AMOUNT. SINCE OTHER REGIONS ARE ALSO GENERATING LARG PENALTY CALCULATIONS, THE LITIGATION TEAM HAS ELECTED TO DEFER THE SELECTION OF A BOTTOM-LINE SETTLEMENT UNTIL AFTER ALL OF THE REFERRALS ARE SUBMITTED AND EACH REGION HAS A CHANCE TO PROVIDE INPUT INTO HOW A POSSIBLE SETTLEMENT CAN BE STRUCTURED. NOT ALL OF THE REGIONS HAVE FURNISHED THEIR REVIEWS SO WE DO NOT YET KNOW HOW MANY FACILITIES NATIONWIDE (OUT OF 66) ARE IN VIOLATION, NOR DO WE KNOW HOW THE TOTAL NUMBER OF VIOLATIONS AND PENALTIES.

Defendants (4)

• METZ BAKING COMPANYNamed in complaintNamed in settlement
• EARTHGRAINS REFRIGERATED DOUGH PRODUCTS, L.P.Named in complaintNamed in settlement
• COOPERSMITH, INC.Named in complaintNamed in settlement
• EARTHGRAINS BAKING COMPANYNamed in complaintNamed in settlement

Facilities (24)

• EARTH GRAINS

  1110 S BELL ST, DOTHAN, AL, 36301

  Registry ID: 110001713735

• MERICO INC

  273 CENTRAL AVENUE, FOREST PARK, GA, 30050

  Registry ID: 110002316609

• COLONIAL BAKING CO

  1228 JORDAN LANE, HUNTSVILLE, AL, 35805

  Registry ID: 110001715010

• COLONIAL BAKING CO OF MEMPHIS

  1340 LARKIN ST, MEMPHIS, TN, 38104

  Registry ID: 110001862235

• KERNS BAKERIES INC

  2110 CHAPMAN HWY, KNOXVILLE, TN, 37901

  Registry ID: 110002371727

• KERNS BAKERY INC

  N MAIN ST, LONDON, KY, 40741

  Registry ID: 110008362459

• MERICO INC

  273 CENTRAL AVENUE, FOREST PARK, GA, 30050

  Registry ID: 110002316609

• COLONIAL BAKING CO

  2407 FRANKLIN RD, NASHVILLE, TN, 37204

  Registry ID: 110001861049

• COLONIAL BAKING CO

  3310 PANTHERSVILLE RD, DECATUR, GA, 30034

  Registry ID: 110001324193

• EARTHGRAINS BAKING CO MERIDIAN

  3400 ST PAUL, MERIDIAN, MS, 39301

  Registry ID: 110001472843

• MERICO INC

  273 CENTRAL AVENUE, FOREST PARK, GA, 30050

  Registry ID: 110002316609

• MERICO INC

  273 CENTRAL AVENUE, FOREST PARK, GA, 30050

  Registry ID: 110002316609

• EARTH GRAINS BAKING CO

  4811 GAULT AVE N, FORT PAYNE, AL, 35967

  Registry ID: 110000528670

• COLONIAL BAKING CO

  2220 E 4TH ST, CHATTANOOGA, TN, 37404

  Registry ID: 110013723809

• EARTHGRAINS BAKERY

  320 E MAIN ST, VALDESE, NC, 28690

  Registry ID: 110009855816

• …and 9 more

Statutes cited

• CAA 609 — Servicing of Motor Vehicle Air Conditioners
• CAA 608 — National Recycling & Emission Reduction Program

Enforcement conclusions (1)

• EARTHGRAINS (NATIONAL CASE)(04-2003-C020)entered 2003-09-17

  Primary law: CAA

  Federal penalty: $1,570,000

Timeline (7 milestones)

• 2001-05-25Referred To Dept Of Justice
• 2001-07-11Enforcement Action Data Entered
• 2003-07-31Final Order Lodged
• 2003-07-31Complaint Filed With Court
• 2003-09-17Final Order Entered
• 2003-09-17Concluded
• 2011-06-07Enforcement Action Closed