EPA v. FLORIDA ICE MANUFACTURING CORPORATION

Case summary

5/4/10 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $1,000 ($500- EPCRA VIOLATIONS AND $500 CERCLA VIOLATION. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: ON JAUNUARY 4, 2007, RESPONDENT HAD A RELEASE OF ANHYDROUS AMMONIA ABOVE THE RQ AT THE FACILITY. 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. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(c) OF EPCRA, BY FAILING TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) WHEN THERE HAD BEEN A RELEASE OF ANYDROUS AMMONIA I AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR ANYDROUS AMMONIA TO THE SERC, THE LEPC, AND FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2008, 2007 AND 2006 BY MARCH 1 OF THE YEAR FOLLOWING THE CALENDAR YEARS WHICH THE REPORT WAS REQUIRED. RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 312 OF EPCRA AT ITS FACILITY FOR CALENDAR YEARS 2008, 2007 AND 2006.

Defendants (1)

• FLORIDA ICE MANUFACTURING CORPORATION (SB)Named in complaintNamed in settlement

Facilities (1)

• FLORIDA ICE MANUFACTURING COMPANY

  2780 EAST MAIN STREET, PAHOKEE, FL, 33476

  Registry ID: 110041874601

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 304 — Emergency Release Notification Section 313 Program

Enforcement conclusions (1)

• FLORIDA ICE MANUFACTURING CORPORATIONentered 2010-05-04

  Primary law: EPCRA

  Federal penalty: $1,000

Timeline (3 milestones)

• 2010-05-04Final Order Issued
• 2010-05-04Complaint Filed/Proposed Order
• 2010-05-07Enforcement Action Data Entered