EPA v. AMERICOLD LOGISTICS, LLC

Case summary

4/14/05 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $10,562.50 FOR THE ALLEGED CERCLA VIOLATION AND $10,562.50 FOR THE ALLEGED EPCRA VIOLATIONS. PAYMENT IS DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: ON AUGUST 3, 2004, RESPONDENT HAD A RELEASE OF ANHYDROUS AMMONIA GREATER THAN 10 TIMES THE REPORTABLE QUANTITY (RQ). RESPONDENT SHOULD HAVE NOTIFIED THE NRC OF SAID RELEASE OF ANHYDROUS AMMONIA IMMEDIATELY AFTER IT HAD KNOWLEDGE THAT AN RQ OF A HAZARDOUS SUBSTANCE WAS RELEASED. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a) OF CERCLA, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF ANHYDROUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. RESPONDENT FAILED TO IMMEDIATELY REPORT THE RELEASE TO THE SERC AND THE LEPC RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA.

Defendants (1)

• AMERICOLD LOGISTICS, LLC.Named in complaintNamed in settlement

Facilities (1)

• AMERICOLD LOGISTICS PLANT NUMBER 75101

  6150 XAVIER DR., ATLANTA, GA, 30336

  Registry ID: 110000528563

Statutes cited

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

Enforcement conclusions (1)

• AMERICOLD LOGISTICS, LLCentered 2005-04-14

  Primary law: EPCRA

  Federal penalty: $21,125

Timeline (3 milestones)

• 2005-04-14Complaint Filed/Proposed Order
• 2005-04-14Final Order Issued
• 2005-05-03Enforcement Action Data Entered