EPA v. SUNNY DELIGHT BEVERAGES COMPANY

Case summary

12/5/2006 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,620, DUE WITHIN 30 DAYS. EPA ALLEGES THAT ON OCTOBER 12, 2005, A RELEASE OF ANHYDROUS AMMONIA ABOVE THE REPORTABLE QUANTITY (RQ) OCCURRED AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SEC 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 AMMOUNT EQUAL TO OR GREATER THAN IT REPORTABLE QUANTITY (RQ) AT FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SEC 304(a) OF EPCRA, BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF ANHYDROUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• SUNNY DELIGHT BEVERAGE COMPANYNamed in complaintNamed in settlement

Facilities (1)

• SUNNY DELIGHT BEVERAGES CO

  7000 LAGRANGE BOULEVARD, ATLANTA, GA, 30336

  Registry ID: 110009356393

Statutes cited

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

Enforcement conclusions (1)

• SUNNY DELIGHT BEVERAGES COMPANYentered 2006-12-05

  Primary law: EPCRA

  Federal penalty: $5,239

Timeline (4 milestones)

• 2006-12-05Complaint Filed/Proposed Order
• 2006-12-05Final Order Issued
• 2006-12-20Enforcement Action Data Entered
• 2007-02-08Enforcement Action Closed