EPA v. TYSON FOODS, INC.

Case summary

2/16/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $28,000 (CERCLA VIOLATION - $5,800 AND EPCRA VIOLATIONS - $23,000). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: ON JUNE 9, 2010, RESPONDENT HAD A RELEASE OF AMMONIA ABOVE THE RQ AT THE FACILITY. RESPONDENT FAILED 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. IN VIOLATION OF SECTION 109 OF CERCLA. RESPONDENT FAILED TO IMMEDIATELY NOTFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. IN VIOLATION OF SECTION 304(a) OF EPCRA. RESPONDENT FAILED TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE SERC AND LEPC WHEN THERE HAD BEEN A RELASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATEHR THAN THE RQ AT RESPONDENT'S FACILITY. IN VIOLATION OF 304(c) OF EPCRA.

Defendants (1)

• TYSON FOODS, INC.Named in complaintNamed in settlement

Facilities (1)

• TYSON FOODS, INC.

  1785 INTERPLEX DRIVE, VICKSBURG, MS, 39183

  Registry ID: 110041098790

Statutes cited

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

Enforcement conclusions (1)

• TYSON FOODS, INC.entered 2011-02-16

  Primary law: EPCRA

  Federal penalty: $28,800

Timeline (3 milestones)

• 2011-02-16Final Order Issued
• 2011-02-16Complaint Filed/Proposed Order
• 2011-03-02Enforcement Action Data Entered