EPA v. ROGER WOOD FOODS, INC.

Case summary

3/1/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $62,000 (CERCLA VIOLATION - $5,800 AND EPCRA VIOLATIONS - $56,200) RSPONDENT SHALL MAKE SIX CONSECUTIVE MONTHLY PAYMENTS WITH THE FIRST PAYMENT OF $969.35 TO BE PAID WITHIN 30 DAYS. ORDER ALLEGES: ON JUNE 21, 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 CERCLA SECTION 103(a). RESPONDENT FAILED TO IMMEDIATELY NOTIFY 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 FACIILITY. IN VIOLATION OF EPCRA SECTION 304(a). RESPONDENT FAILED TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) WHEN THERE HAD BEEN A RELEASE OF AMMONIA IN 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 AMMONIA TO THE SERC, THE LEPC, AND FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEAR 2009 BY MARCH 1 OF THE YEAR FOLOWING THE CALENDAR YEAR FOR WHICH THE REPORT WAS REQUIRED.

Defendants (1)

• ROGER WOOD FOODS, INC.Named in complaintNamed in settlement

Facilities (1)

• ROGER WOOD FOODS

  7 ALFRED ST, SAVANNAH, GA, 31408

  Registry ID: 110058963705

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)

• ROGER WOOD FOODS, INC.entered 2011-03-01

  Primary law: EPCRA

  Federal penalty: $62,000

Timeline (4 milestones)

• 2011-03-01Final Order Issued
• 2011-03-01Complaint Filed/Proposed Order
• 2011-03-16Enforcement Action Data Entered
• 2011-09-06Enforcement Action Closed