EPA v. THE PICTSWEET COMPANY

Case summary

5/4/2010 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $2,040. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN DAYS. ORDER ALLEGES: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT RESPONDENT'S FACILITY LOCATED AT 2170 ANDERSON AVENUE, BROWNSVILLE, TENNESSEE, ON OCTOBER 16, 2008, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE THAT: IT DEVELOPED A MANAGEMENT SYSTEM TO OVERSEE THE IMPLEMENTATION OF THE RISK MANAGEMENT PROGRAM, DOCUMENTED PERSONS RESPONSIBLE FOR IMPLEMENTING INDIVIDUAL REQUIREMENTS, AND DEFINED LINES OF AUTHORITY THROUGH AN ORGANIZATION CHART OR SIMILAR DOCUMENT AS REQUIRED BY 40 CFR SECTION 68.15(a) & (c); IT DEVELOPED A WRITTEN SCHEDULE FOR THE IMPLEMENTATION/COMPLETION OF RECOMMENDATIONS (ACTION ITEMS) RESULTING FROM THE 2004 PROCESS HAZARD ANALYSIS, AND DOCUMENT THE OUTCOME AND COMPLETION OF ACTION AS REQUIRED BY 40 CFR SECTION 68.67(e). IT HAS CERTIFIED ANNUALLY THAT ITS OPERATING PROCEDURES ARE CURRENT AND ACCURATE AND THAT PROCEDURES HAVE BEEN REVIEWED AS OFTEN AS NECESSARY AS REQUIRED BY 40 CFR SECTION 68.69(c); AND IT HAS ASCERTAINED AND DOCUMENTED IN A RECORD THAT EACH EMPLOYEE INVOLVED IN OERTING A PROCESS HAS RECEIVED AND UNDERSTOOD THE TRAINING AS REQUIRED BY 40 CFR SECTION 68.71(c).

Defendants (1)

• THE PICTSWEET COMPANYNamed in complaintNamed in settlement

Facilities (1)

• THE PICTSWEET CO - BROWNSVILLE TN WAREHOUSE

  2170 ANDERSON AVE, BROWNSVILLE, TN, 38012

  Registry ID: 110020518046

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• THE PICTSWEET COMPANYentered 2010-05-04

  Primary law: CAA

  Federal penalty: $2,040

Timeline (4 milestones)

• 2010-05-04Final Order Issued
• 2010-05-04Complaint Filed/Proposed Order
• 2010-05-07Enforcement Action Data Entered
• 2010-05-18Enforcement Action Closed