EPA v. DELTA PRIDE CATFISH, INC.

Case summary

8/2/07 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $3,929 FOR THE CERCLA VIOLATION, DUE WITHIN 30 DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. RESOPNDENT SHALL PAY A PENALTY OF $7,179 FOR THE EPCRA VIOLATIONS, DUE WITHIN 30 DAYS. VIOLATIONS: ON FEB 7, 2006, RESPONDENT HAD A RELEASE OF ANHYDROUS AMMONIA ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a) OF CERCLA, BY FAILING TO IMMEDIATLEY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF ANHYDROUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS REPORTABLE QUANTITY (RQ) AT RESPONDENT'S FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA 304(a) BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF ANHYDOURS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFY REQUIREMENTS OF SECTION 304(c) OF EPCRA BY FAILING TO PROVIDE A FOLLOW-UP WRITTEN NOTICE TO THE SERC AND LEPC.

Defendants (1)

• DELTA PRIDE CATFISH, INC.Named in complaintNamed in settlement

Facilities (1)

• DELTA PRIDE CATFISH INC

  1301 INDUSTRIAL PARKWAY, INDIANOLA, MS, 38751

  Registry ID: 110008510842

Statutes cited

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

Enforcement conclusions (1)

• DELTA PRIDE CATFISH, INC.entered 2007-08-02

  Primary law: EPCRA

  Federal penalty: $11,108 · SEP: $42,492

Timeline (4 milestones)

• 2007-08-02Final Order Issued
• 2007-08-02Complaint Filed/Proposed Order
• 2007-08-15Enforcement Action Data Entered
• 2007-09-15Enforcement Action Closed