EPA v. BARBER ICE CREAM COMPANY

Case summary

8/4/2011 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $4500. RESPONDENT SHALL MAKE A PAYMENT WITHIN FIFTEEN DAYS. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY, ON JULY 13, 2010, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN AT THE TIME OF INSPECTION, RESPONDENT DID NOT PROVIDE THAT: ITS OPERATING PROCEDURES ADDRESS CONSEQUENCES OF DEVIATION AND STEPS REQUIRED TO CORRECT OR AVOID DEVIATION AS REQUIRED BY 40 CFR SECTION 68.69(a)(2)(i) & (ii); FOR EACH EMPLOYEE INVOLVED IN THE OPERATING PROCESS, IT PROVIDED REFRESHER TRAINING AT LEAST EVERY THREE YEARS TO ASSURE THAT THE EMPLOYEE UNDERSTANDS AND ADHERES TO THE CURRENT OPERATING PROCEDURES AS REQUIRED BY 40 CFR SECTION 68.71(b); AND IT HAS PERIODICALLY EVALUATED THE PERFORMANCE OF ITS CONTRACTORS FULFILLING THEIR OBLIGATIONS UNDER 40 CFR SECTION 68.87(c)(1) - (5), AS REQUIRED BY 40 CFR SECTION 40 CFR SECTION 68.87(b)(5).

Defendants (1)

• BARBER ICE CREAM COMPANYNamed in complaintNamed in settlement

Facilities (1)

• DFA DAIRY BRANDS ICE CREAM, LLC DBA MAYFIELD ICE C

  126 BARBER COURT, BIRMINGHAM, AL, 35209

  Registry ID: 110000366693

Statutes cited

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

Enforcement conclusions (1)

• BARBER ICE CREAM COMPANYentered 2011-08-04

  Primary law: CAA

  Federal penalty: $4,500

Timeline (4 milestones)

• 2011-08-04Complaint Filed/Proposed Order
• 2011-08-04Final Order Issued
• 2011-08-10Enforcement Action Data Entered
• 2011-08-19Enforcement Action Closed