EPA v. CUTLER AT ABBEVILLE, LLC

Case summary

5/11/06 - CONSENT AGREEMENT AND FINAL ORDER ISSUED. A PENALTY OF $2,841 IS ASSESSED FOR THE CERCLA VIOLATION - DUE WITH 30 DAYS. A PENLATY OF $8,409 IS ASSESSED FOR THE EPCRA VIOLATIONS - DUE WITHIN 30 DAYS. RESPONDENT ALSO AGREES TO PERFORM A SEP. ALLEGED VIOLATIONS: ON JANUARY 18, 2005, RESPONDENT HAD A RELEASE OF ANHYDROUS AMMONIA ABOVE THE REPORTABLE QUANTITY (RQ) AT ITS FACILITY AT APPROX 7:25 a.m. CENTRAL TIME, AND THE NRC WAS NOTIFIED AT 10:55 a.m. EASTERN TIME. EPA ALLEGES THAT 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. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA, BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF ANHYDROUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR ANHYDROUS AMMONIA TO THE SERC, THE LEPC, AND FIRE DEPT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2004, 2003, AND 2002 BY MARCH 1 OF THE YEAR FOLLOWING THE CALENDAR YEAR FOR WHICH A REPORT WAS REQUIRED - IN VIOLATION OF EPCRA SECTION 312.

Defendants (1)

• CUTLER AT ABBEVILLE, LLCNamed in complaintNamed in settlement

Facilities (1)

• CUTLER EGG PRODUCTS INC

  496 INDUSTRIAL PARK, ABBEVILLE, AL, 36310

  Registry ID: 110011380889

Statutes cited

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

Enforcement conclusions (1)

• CUTLER AT ABBEVILLE, LLCentered 2006-05-11

  Primary law: EPCRA

  Federal penalty: $11,050 · SEP: $41,650

Timeline (3 milestones)

• 2006-05-11Complaint Filed/Proposed Order
• 2006-05-11Final Order Issued
• 2006-05-18Enforcement Action Data Entered