EPA v. NESTLE PREPARED FOODS COMPANY

Case summary

7/15/2008 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,239; CERCLA VIOLATION, $1,310 AND EPCRA VIOLATION, $3,929. RESPONDENT AGREES TO COMPLETE A SEP. ORDER ALLEGES: RESPONDENT FAILED 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. IN VIOLATION OF CERCLA SECTION 103(a). RESPONDENT FAILED 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 GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• NESTLE PREPARED FOODS COMPANYNamed in complaintNamed in settlement

Facilities (1)

• NESTLE USA INCORPORATED

  150 OAK GROVE DRIVE, MOUNT STERLING, KY, 403539087

  Registry ID: 110000562187

Statutes cited

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

Enforcement conclusions (1)

• NESTLE PREPARED FOODS COMPANYentered 2008-07-15

  Primary law: EPCRA

  Federal penalty: $5,239 · SEP: $19,645

Timeline (4 milestones)

• 2008-07-15Final Order Issued
• 2008-07-15Complaint Filed/Proposed Order
• 2008-07-17Enforcement Action Data Entered
• 2008-09-05Enforcement Action Closed