EPA v. AVERY DENNISON FASSON DIVISION OIL SPILL

Case summary

6/16/04 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY $3,750. VIOLATIONS: FAILURE TO COMPLY WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICE. ELECTRICAL BOXES WERE UNCOVERED. FAILURE TO COMPLETE THE PROCESS HAZARD ANALYSIS. THE PROCESS HAZARD ANALYSIS DID NOT ADDRESS THE FOLLOWING REQUIREMENTS OF THE 40 CFR 68.67(c): A. CONSEQUENCES OF FAILURE OF ENGINEERING AND ADMINISTRATIVE CONTROLS; B. STATIONARY SOURCE SITING; C. HUMAN FACTORS; AND D. AN EVALUATION OF A RANGE OF THE POSSIBLE SAFETY AND HEALTH EFFECTS OF FAILURE OF CONTROLS. FAILURE TO DOCUMENT WRITTEN PROCEDURES WHICH ADDRESS THE FOLLOWING: A. SAFETY AND HEALTH CONSIDERATION - PROPERTIES OF, AND HAZARDS PRESENTED BY, THE CHEMICALS USED IN THE PROCESS; AND B. PRECAUTIONS NECESSARY TO PREVENT EXPOSURE, INCLUDING ENGINEERING CONTROLS, ADMINISTRATIVE CONTROLS, AND PERSONAL PROTECTIVE EQUIPMENT FAILURE TO ANNUALLY CERTIFY THAT THE OPERATING PROCEDURES ARE CURRENT AND ACCURATE, AND THE PROCEDURES HAVE BEEN REVIEWED AS OFTEN AS NECESSARY

Defendants (1)

• AVERY DENNISONNamed in complaintNamed in settlement

Facilities (1)

• OIL SPILL (AVERY DENNISON FASSON DIVISIONS)

  513 HIGHWAY 74S, PEACHTREE CITY, GA, 30269

  Registry ID: 110018925332

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• AVERY DENNISON FASSON DIVISION OIL SPILLentered 2004-06-28

  Primary law: CWA

  Federal penalty: $3,000

Timeline (4 milestones)

• 2004-06-28Enforcement Action Closed
• 2004-06-28Complaint Filed/Proposed Order
• 2004-06-28Final Order Issued
• 2004-07-03Enforcement Action Data Entered