EPA v. Birchwood Foods, Inc.

Case summary

'Complaint filed 9/25/2002, proposing a penalty of $44,250. The complaint alleges: COUNT I - Respondent failed to submit a completed emergency and hazardous chemical inventory form for anhydrous ammonia for calendar year 1999 to the SERC, LEPC, and fire department with jurisdiction over the facility by March 1, 2000. COUNT II - Respondent failed to submit a completed emergency and hazardous chemical inventory form by March 1, 2001, to the SERC, LEPC, and the fire department with jurisdiction over the facility. COUNT III - Respondent failed to submit a completed emergency and hazardous chemical inventory form by March 1, 2001, to the SERC, the LEPC, and the fire department with jurisdiction over the facility. COUNT IV - Respondent failed to immediately report the release to the SERC, as required.

Defendants (1)

• Birchwood Foods, Inc.Named in complaintNamed in settlement

Facilities (1)

• BIRCHWOOD FOODS, INC.

  6009 GOSHEN SPRINGS ROAD, NORCROSS, GA, 30071

  Registry ID: 110057369903

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 304 — Emergency Release Notification Section 313 Program

Enforcement conclusions (1)

• Birchwood Foodsentered 2003-01-31

  Primary law: EPCRA

  Federal penalty: $25,668

Timeline (4 milestones)

• 2002-09-25Complaint Filed/Proposed Order
• 2002-09-27Enforcement Action Data Entered
• 2003-01-31Final Order Issued
• 2003-08-28Enforcement Action Closed