EPA v. AMERICAN COLD STORAGE-NORTH AMERICA, L.P.

Case summary

7/2/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $33,750 FOR THE CERCLA VIOLATION AND $23,900 FOR THE EPCRA VIOLATIONS. ON MAY 13, 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 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 IT RQ AT RESPONDENT'S FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA SECTION 304(a) BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIA IN AN AMOUONT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• AMERICAN COLD STORAGE-NORTH AMERICA, L.P. (SB)Named in complaintNamed in settlement

Facilities (1)

• AMERICAN COLD STORAGE

  607 INDUSTRY ROAD, LOUISVILLE, KY, 40201

  Registry ID: 110028147832

Statutes cited

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

Enforcement conclusions (1)

• AMERICAN COLD STORAGE-NORTH AMERICA, L.P.entered 2010-07-02

  Primary law: EPCRA

  Federal penalty: $57,650

Timeline (4 milestones)

• 2010-07-02Complaint Filed/Proposed Order
• 2010-07-02Final Order Issued
• 2010-07-06Enforcement Action Data Entered
• 2010-07-26Enforcement Action Closed