EPA v. TYSON PREPARED FOODS, INC.

Case summary

8/1/2007 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,619 FOR THE CERCLA VIOLATION; AND A PENALTY OF $2,619 FOR THE EPCRA VIOLATION. RESPONDENT AGREES TO COMPLETE A SEP. ON AUGUST 27, 2006, RESPONDENT HAD A RELEASE OF ANHYDROUS AMMONIA ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY. 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 EPA 304(a) BY FAILING TO IMMEDIATELY NOTIFY TEH 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 RESOPNDENT'S FACILITY.

Defendants (1)

• TYSON PREPARED FOODS, INC.Named in complaintNamed in settlement

Facilities (1)

• TYSON PREPARED FOODS INCORPORATED COLUMBIA

  1970 BLUFF ROAD, COLUMBIA, SC, 29201

  Registry ID: 110002231120

Statutes cited

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

Enforcement conclusions (1)

• TYSON PREPARED FOODS, INC.entered 2007-08-01

  Primary law: EPCRA

  Federal penalty: $5,238 · SEP: $19,644

Timeline (3 milestones)

• 2007-08-01Final Order Issued
• 2007-08-01Complaint Filed/Proposed Order
• 2007-08-15Enforcement Action Data Entered