EPA v. BROWN PACKING COMPANY

Case summary

5/1/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $15,716 FOR CERCLA VIOLATION; $21,125 FOR EPCRA VIOLATION. ORDER ALLEGES: RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a) OF CERCLA, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF ANHYDROUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. EPA ALLEGES RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA, 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)

• BROWN PACKING COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• BROWN PACKAGING COMPANY

  116 WILLIS STREET, GAFFNEY, SC, 29341

  Registry ID: 110039165505

Statutes cited

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

Enforcement conclusions (1)

• BROWN PACKING COMPANYentered 2009-05-01

  Primary law: EPCRA

  Federal penalty: $36,849

Timeline (4 milestones)

• 2009-05-01Final Order Issued
• 2009-05-01Complaint Filed/Proposed Order
• 2009-05-19Enforcement Action Closed
• 2009-06-02Enforcement Action Data Entered