EPA v. GOLDEN PEANUT COMPANY

Case summary

3/4/10 - NOTICE OF DETERMINATION ISSUED. IN A MARCH 4, 2009 LETTER TO EPA, GOLDEN PEANUT COMPANY DISCLOSED VIOLATIONS OF EPCRA SEC 311 AND 312. THE VIOLATIONS ARE RECOGNIZED BY THIS NOD AS MEETING THE TERMS OF THE EPA POLICY REGARDING INCENTIVES FOR SELF-POLICYING: DISCOVERY, DISCLOSURE, CORRECTION, AND PREVENTION OF VIOLATIONS. THE MARCH 4, 2009, LETTER ALSO CONTAINED INFO CONCERNING THE CORRECTIVE ACTION TAKEN BY GOLDEN PEANUT TO COME BACK INTO COMPLIANCE. VIOLATIONS: HEADLAND, AL: - EPCRA 311 AND 40 CFR 370.30, FAILURE TO REPORT PRESENCE OF SULFURIC ACID AND LEAD AT THE FACILITY BY SUBMITTING MSDS OR HAZ CHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR SULFURIC ACID AND LEAD, PRESENT AT THE FACILITY IN AMOUNTS GREATER THAN 10,000 LBS DURING THE 2006 AND 2007 REPORTING YRS. ROBERTSDALE, AL: - EPCRA 311 AND 40 CFR 370.30, FAILURE TO REPORT PRESENCE OF PROPANE AT FACILITY BY SUBMITTING MSDS OR HAZ CHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR PROPANE, PRESENT AT THE FACILITY IN AMOUNTS GREATER THAN 10,000 LBS DURING THE 2007 REPORTING YR. GREENWOOD, FL: - EPCRA 311 AND 40 CFR 370.30, FAILURE TO REPORT PRESENCE OF PRONAE AT FACILITY BY SUBMITTING MSDS OR HAZ CHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR PROPANE, PRESENT AT THE FACILITY IN AMOUNTS GREATER THAN 10,000 LBS DURING THE 2006 AND 2007 REPORTS YRS. HIGH SPRINGS, FL: - EPCRA 311 AND 40 CFR 370.30, FAILURE TO REPORT PRESENCE OF PROPANE AT FACILITY BY SUBMITTING MSDS OR HAZ CHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR PROPANE, PRESENT AT THE FACILITY IN AMOUNTS GREATER THAN 10,000 LBS DURING THE 2006 AND 2007 REPORTING YRS. ASHBURN, GA: - EPCRA 311 AND 40 CFR 370.30, FAILURE TO REPORT PRESENCE OF SULFURIC ACID AND LEAD AT THE FACILITY BY SUBMITTING MSDS OR HAZ CHEMICAL LIST. - EPCRA 312 AND 40 CFR 270.44, FAILURE TO SUBMIT TIER II REPORTS FOR SULFURIC ACID FAND LEAD, PRESENT AT THE FACILITY IN AMOUNTS GREATER THAN 10,000 LBS DURING THE 2006 AND 2007 REPORTING YRS. BLAKELY, GA: - EPCRA 311 AND 40 CFR 370.30, FAILURE TO REPORT PRESENCE OF SULFURIC ACID AT FACILITY BY SUBMITTING MSDS OR HAZ CHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORT FOR SULFURIC ACID, PRESENT AT THE FACILITY IN AMOUNTS GREATER THAN 10,000 LBS DURING THE 2006 AND 2007 REPORTING YEARS. CAMILLA, GA: - EPCRA 311 AND 40 370.30, FAILURE TO REPORT PRESENCE OF SULFURIC ACID AND LEAD AT THE FACILITY BY SUBMITTING MSDS OR HAZ CHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR SULFURIC ACID AND LEAD, PRESENT AT THE FACILITY IN AMOUNTS GREATER THAN 10,000 LBS DURING THE 2006 AND 2007 REPORTING YRS. DONALSONVILLE, GA: - EPCRA 311 AND 40 CFR 370.30, FAILURE TO REPORT PRESENCE OF PROPANE AT FACILITY BY SUBMITTING MSDS OR HAZ CHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR PROPANE, PRESENT AT THE FACILITY IN AMOUNTS GREATER THAN 10,000 LBS DURING THE 2006 AND 2007 REPORTING YEARS. LENOX, GA: - EPCRA 311 AND 40 CFR 370.30, FAILURE TO REPORT PRESENCE OF PROPANE AT FACILITY BY SUBMITTING MSDS OR HAZARDOUS CHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR PROPANE, PRESENT AT THE FACILITY IN AMOUNTS GREATER THAN 10,000 LBS DURING THE 2006 AND 2007 REPORTING YRS. AULANDER, NC: - EPCRA 311 AND 40 CFR 270.30, FAILURE TO REPORT PRESENCE OF SULFURIC ACID, LEAD, AND PROPANE AT THE FACILITY BY SUBMITTING MSDS OR HAZ CHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR SULFURIC ACID, LEAD AND PROPANE PRESENT AT THE FACILITY IN AMOUNTS GREATER THAN 10,000 LBS DURING THE 2006 AND 2007 REPORTING YRS.

Defendants (1)

• GOLDEN PEANUT COMPANYNamed in settlement

Facilities (17)

• GOLDEN PEANUT CO

  304 N WASHINGTON ST., ASHBURN, GA, 31714

  Registry ID: 110001423585

• GOLDEN PEANUT COMPANY

  385 KINARD BRIDGE ROAD, LENOX, GA, 31637

  Registry ID: 110041201534

• GOLDEN PEANUT COMPANY

  301 WEST PEARL STREET, AULANDER, NC, 27805

  Registry ID: 110001475378

• GOLDEN PEANUT COMPANY

  20047 COUNTY ROAD 83, ROBERTSDALE, AL, 36567

  Registry ID: 110041209279

• GOLDEN PEANUT COMPANY

  3886 MARTIN LUTHER KING STREET, BLAKELY, GA, 39823

  Registry ID: 110041201491

• GOLDEN PEANUT COMPANY

  42 NORTH ELLIS STREET, CAMILLA, GA, 31730

  Registry ID: 110001425280

• GOLDEN PEANUT COMPANY

  125 RAILROAD AVENUE, HIGH SPRINGS, FL, 32643

  Registry ID: 110041201543

• GOLDEN PEANUT COMPANY

  42 NORTH ELLIS STREET, CAMILLA, GA, 31730

  Registry ID: 110001425280

• GOLDEN PEANUT CO

  304 N WASHINGTON ST., ASHBURN, GA, 31714

  Registry ID: 110001423585

• GOLDEN PEANUT COMPANY

  42 NORTH ELLIS STREET, CAMILLA, GA, 31730

  Registry ID: 110001425280

• GOLDEN PEANUT COMPANY

  42 NORTH ELLIS STREET, CAMILLA, GA, 31730

  Registry ID: 110001425280

• GOLDEN PEANUT COMPANY

  42 NORTH ELLIS STREET, CAMILLA, GA, 31730

  Registry ID: 110001425280

• GOLDEN PEANUT COMPANY

  5155 PEANUT STREET, GREENWOD, FL, 32443

  Registry ID: 110039629202

• GOLDEN PEANUT COMPANY

  5441 SPOONER ROAD, DONALSONVILLE, GA, 31745

  Registry ID: 110041201525

• GOLDEN PEANUT COMPANY

  55 EAST RAILROAD STREET, HEADLAND, AL, 36345

  Registry ID: 110039559974

• …and 2 more

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 311 — Material Safety Data Sheets (MSDS)

Enforcement conclusions (1)

• GOLDEN PEANUT COMPANYentered 2010-03-04

  Primary law: EPCRA

Timeline (3 milestones)

• 2010-03-04Enforcement Action Closed
• 2010-03-04Final Order Issued
• 2010-03-10Enforcement Action Data Entered