EPA v. PERDUE FARMS, INC.

Case summary

2/21/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,754 FOR THE CERCLA VIOLATION AND $9,294 FOR THE EPCRA VIOLATIONS, WHICH SHALL BE PAID WITHIN 30 DAYS. ALLEGATIONS: ON JULY 18, 2009, RESPONDENT HAD A RELEASE OF AMMONIA ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA SEC 103(a) BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA SEC 304(a) BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LECP AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AQUEAOUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA SEC 304(c) BY FAILING TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) WHEN THERE HAD BEEN A RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• PERDUE FARMS, INC.Named in complaintNamed in settlement

Facilities (1)

• PERDUE FARMS INC

  3539 GOVERNORS RD, LEWISTON, NC, 27849

  Registry ID: 110004027320

Statutes cited

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

Enforcement conclusions (1)

• PERDUE FARMS, INC.entered 2010-06-21

  Primary law: EPCRA

  Federal penalty: $15,048

Timeline (4 milestones)

• 2010-06-21Complaint Filed/Proposed Order
• 2010-06-21Final Order Issued
• 2010-06-23Enforcement Action Data Entered
• 2010-07-07Enforcement Action Closed