EPA v. MAYFIELD DAIRY FARMS, LLC

Case summary

7/29/2008 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $2,345. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN DAYS. AGREEMENT STATES: EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT AS PART OF THE PROCESS HAZARD ANALYSIS (PHA) CONDUCTED IN THE YEAR 2002, IT HAD DEVELOPED A WRITTEN SCHEDULE OF WHEN PHA ACTION ITEMS ERE TO BE COMPLETED, ASSURED THAT THE ACTION ITEMS WERE RESOLVED IN A TIMELY MANNER AND DOCUMENTED SUCH RESOLUTION (DOCUMENT ACTION ITEM CLOSURE) AS REQUIRED BY 40 CFR SECTION 68.67(e); IT HAS ANNUALLY CERTIFIED THAT THE OPERATING PROCEDURES ARE CURRENT AND ACCURATE AND THAT PROCEDURES HAVE BEEN REVIEWED AS OFTEN AS NECESSARY AS REQUIRED BY 40 CFR SECTION 68.69(c); AND IN ACCORDANCE WITH 40 CFR SECTION 68.195(a), IT HAD SUBMITTED AN UPDATE TO ITS RISK MANAGEMENT PLAN FIVE YEAR ACCIDENT HISTORY, INCLUDING INFORMATION REQUIRED BY 40 CFR SECTIONS 68.168, 68.170(j) AND 68.175(1), WITHIN SIX MONTHS OF THE OCTOBER 27, 2004, AHYDROUS AMMONIA RELEASE THAT OCCURED AT ITS FACILITY.

Defendants (1)

• MAYFIELD DAIRY FARMS, LLCNamed in complaintNamed in settlement

Facilities (1)

• DFA DAIRY BRANDS ICE CREAM, LLC DBA MAYFIELD ICE C

  126 BARBER COURT, BIRMINGHAM, AL, 35209

  Registry ID: 110000366693

Statutes cited

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

Enforcement conclusions (1)

• MAYFIELD DAIRY FARMS, LLCentered 2008-07-29

  Primary law: CAA

  Federal penalty: $2,345

Timeline (4 milestones)

• 2008-07-29Complaint Filed/Proposed Order
• 2008-07-29Final Order Issued
• 2008-08-04Enforcement Action Data Entered
• 2008-08-05Enforcement Action Closed