EPA v. CONAGRA FOODS, INC.

Case summary

8/18/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $19,059. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: ON JUNE 9, 2009, RESPONDENT DISCHARGED APPROXIMATELY 10,844 POUNDS OR 108 REPORTABLE QUANTITIES OF AMMONIA, WHICH IS IDENTIFIED AS A HAZARDOUS SUBSTANCE IN 40 C.F.R. PART 116, FORM ITS FACIITY, A PORTION OF WHICH WAS DIVERTED TO THE FACILITY'S WASTE WATER TREATMENT SYSTEM, AND THE REMAINING RELEASSE ENTERED ITO OR UPON BIG BRANCH CREEK, WALNUT CREEK AND THE NEUSE RIVER/AND/OR THEIR ADJOINING SHORELINES. RESPONDENT'S JUNE 9, 2009, DISCHARGE OF AMMONIA FROM ITS FACILITY EXCEEDED THE REPORTABLE QUANTITY FOUND IN 40 C.F.R. PART 117, AND, THEREFORE, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER SECTION 311(b)(4), 33 U.S.C. SECTION 1321(b)(4), IN VIOLATION OF SECTION 311(b)(3) OF THE ACT.

Defendants (1)

• CONAGRA FOODS, INC.Named in complaintNamed in settlement

Facilities (2)

• CONAGRA-GARNER AMMONIA RELEASE

  4851 JONES SAUSAGE ROAD, GARNER, NC, 27529

  Registry ID: 110000533824

• CONAGRA-GARNER AMMONIA RELEASE

  4851 JONES SAUSAGE ROAD, GARNER, NC, 27529

  Registry ID: 110000533824

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• CONAGRA FOODS, INC.entered 2010-08-18

  Primary law: CWA

  Federal penalty: $19,059

Timeline (4 milestones)

• 2010-08-18Complaint Filed/Proposed Order
• 2010-08-18Final Order Issued
• 2010-08-23Enforcement Action Closed
• 2010-08-25Enforcement Action Data Entered