EPA v. SARA LEE BAKERY GROUP INC.

Case summary

6/27/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $23,010 (CERCLA VIOLATION: $11,505 AND EPCRA VIOLATION: $11,505). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: ON MARCH 9, 2011, RESPONDENT HAD A RELEASE OF ANHYDROUS AMMONIA ABOVE THE RQ AT THE FACILITY. CERCLA VIOLATION EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a) OF CERCLA, AND THE APPLICABLE CERCLA REGULATIONS, 40 C.F.R. SECTION 302.6, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON A RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF ANHYDROUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. EPCRA VIOLATION ON MARCH 9, 2011, RESPONDENT HAD A RELEASE OF ANYDROUS AMMONIA ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT THE RELEASE OF ANHYDROUS AMMONIA ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT THE RELEASE RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSONS BEYOND THE SITE OR SITES ON WHICH THE FACILITY IS LOCATED. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA, AND THE APPLICABLE EPA REGULATIONS OF 40 C.F.R. SECTION 355, SUBPART C, BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF ANHYDROUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• SARA LEE BAKERY GROUP INC.Named in complaintNamed in settlement

Facilities (1)

• SARA LEE BAKERY TARBORO

  110 SARA LEE ROAD, TARBORO, NC, 27886-5269

  Registry ID: 110000548738

Statutes cited

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

Enforcement conclusions (1)

• SARA LEE BAKERY GROUP INC.entered 2011-06-27

  Primary law: EPCRA

  Federal penalty: $23,010

Timeline (3 milestones)

• 2011-06-27Final Order Issued
• 2011-06-27Complaint Filed/Proposed Order
• 2011-06-30Enforcement Action Data Entered