EPA v. ROBERT ORR - SYSCO FOOD SERVICES, LLC

Case summary

06/19/2007 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF$6,240, DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: RESPONDENT DID NOT: PROVIDE EVIDENCE THAT IT HAD PERFORMED AND DOCUMENTED A PROCESS HAZARD ANALYSIS WHICH IDENTIFIED, EVALUATED AND CONTROLLED THE HAZARDS INVOLVED IN THE PROCESS AS REQUIRED BY 40 CFR 68.67(a); PROVIDE EVIDENCE THAT IT HAD DEVELOPED AND IMPLEMENTED WRITTEN OPERATING PROCEDURES THAT PROVIDE INSTRUCTIONS OR STEPS FOR CONDUCTING ACTIVIEIS ASSOCIATED WITH THE COVERED PROCESS AS REQUIRED BY 40 CFR 68.69(a); PROVIDE EVIDENCE THAT IT HAS, AT LEAST EVERY 3 YRS, EVALUATED ITS COMPLIANCE WITH THE PREVENTION PROGRAM REQUIREEMNTS AND CERTIFIED THAT ITS PROCEDURES AND PRACTICES ARE ADEQUATE AND ARE BEING FOLLOWED AS REQUIRED BY 40 CFR 68.79(a); AND SUBMIT ITS RISK MGMT PLAN BEFORE ITS COVERED PROCESS CONTAINED A REGULATED SUBSTANCE EQUAL TO OR GREATER THAN THE APPLICABLE THRESHOLD QUANTITY (10,000 POUNDS FOR ANHYDROUS AMMONIA). DURING THE INSPECTION, RESPONDENT STATED THAT ITS ANHYDROUS AMMONIA PROCESS CONTAINED MORE THAN 10,000 POUNDS OF ANHYDROUS AMMONIA AS FAR BACK IN TIME AS JUNE 21, 1999. HOWEVER, RESPONDENT'S RMPLAN WAS NOT SUBMITTED UNTIL SEPT 28, 2001 (POSTMARK DATE).

Defendants (2)

• ORR, ROBERTNamed in complaintNamed in settlement
• SYSCO FOOD SERVICES, LLCNamed in complaintNamed in settlement

Facilities (1)

• ROBERT ORR - SYSCO FOOD SERVICES, LLC

  ONE HERMITAGE PLAZA, NASHVILLE, TN, 37209-1045

  Registry ID: 110008972950

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• ROBERT ORR - SYSCO FOOD SERVICES, LLCentered 2007-06-19

  Primary law: CAA

  Federal penalty: $6,240

Timeline (3 milestones)

• 2007-06-19Complaint Filed/Proposed Order
• 2007-06-19Final Order Issued
• 2007-06-28Enforcement Action Data Entered