EPA v. MORNING STAR FOODS, LLC DBA MILK PRODUCTS OF ALABAMA

Case summary

1/30/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $36,841, $15,716 FOR THE CERCLA VIOLATION; AND $$21,125 FOR THE EPCRA VIOLATION. ORDER ALLEGES: ON MAY 14, 2008, RESPONDENT HAD A RELEASE OF ANYDROUS AMMONIA ABOVE THE RQ AT THE FACILITY. 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. IN VIOLATION OF CERCLA SECTION 109. 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)

• MORNINGSTAR FOODS, LLC DBA MILK PRODUCTS OF ALABAMNamed in complaintNamed in settlement

Facilities (2)

• MILK PRODUCTS OF ALABAMA

  1611 6TH AVE SE, DECATUR, AL, 35601

  Registry ID: 110011886888

• MILK PRODUCTS OF ALABAMA

  1611 6TH AVE SE, DECATUR, AL, 35601

  Registry ID: 110011886888

Statutes cited

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

Enforcement conclusions (1)

• MORNING STAR FOODS, LLC DBA MILK PRODUCTS OF ALABAMAentered 2009-01-30

  Primary law: EPCRA

  Federal penalty: $36,841

Timeline (4 milestones)

• 2009-01-30Complaint Filed/Proposed Order
• 2009-01-30Final Order Issued
• 2009-02-04Enforcement Action Data Entered
• 2009-02-10Enforcement Action Closed