EPA v. SYSCO FOOD SERVICES

Case summary

1/8/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $15,716 FOR THE CERCLA VIOLATION AND $15,716 FOR THE EPCRA VIOLATION - DUE WITHIN 30 DAYS. ON MAY 17, 2008, RESPONDENT HAD A RELEASE OF ANHYDROUS AMMONIA ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a) OF CERCLA BY FAILING TO 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. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA SECTION 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 GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• SYSCO FOOD SERVICESNamed in complaintNamed in settlement

Facilities (2)

• SYSCO FOOD SERVICES JAX

  1501 LEWIS INDUSTRIAL DR, JACKSONVILLE, FL, 322540

  Registry ID: 110005586295

• SYSCO FOOD SERVICES JAX

  1501 LEWIS INDUSTRIAL DR, JACKSONVILLE, FL, 322540

  Registry ID: 110005586295

Statutes cited

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

Enforcement conclusions (1)

• SYSCO FOOD SERVICESentered 2009-01-08

  Primary law: EPCRA

  Federal penalty: $31,432

Timeline (3 milestones)

• 2009-01-08Complaint Filed/Proposed Order
• 2009-01-08Final Order Issued
• 2009-01-15Enforcement Action Data Entered