EPA v. CAROLINA COLD STORAGE

Case summary

6/5/08 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,310 FOR THE CERCLA VIOLATIONS AND A PENALTY OF $655 FOR THE EPRA VIOLATION, DUE WITHIN 30 DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ON OCTOBER 31, 2007, RESPONDENT HAD A RELEASE OF ANHYDROUS AMMONIA ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY. EPA ALLEGES THAT RESPONDETN VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA 103(a) 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 FACILITY. 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 ANHYDROUS AMMONIA IN AN AMOUNT EQUAL TO OR GRATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• CAROLINA COLD STORAGENamed in complaintNamed in settlement

Facilities (1)

• CAROLINA COLD STORAGE

  1671 HIGHWAY 87 NORTH, TAR HEEL, NC, 28392

  Registry ID: 110000753239

Statutes cited

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

Enforcement conclusions (1)

• CAROLINA COLD STORAGEentered 2008-06-05

  Primary law: EPCRA

  Federal penalty: $1,965 · SEP: $7,497

Timeline (4 milestones)

• 2008-06-05Final Order Issued
• 2008-06-05Complaint Filed/Proposed Order
• 2008-06-09Enforcement Action Data Entered
• 2008-06-18Enforcement Action Closed