EPA v. CONAGRA FOODS, INC. AND CONAGRA GROCERY PRODUCTS, LLC

Case summary

2/12/14 - CONAGRA FOODS, INC., OWNS AND CONAGRA GROCERY PRODUCTS, LLC, OPERATES AN ONSHORE NON-TRANSPORTATION FACILITY LOCATED IN MEMPHIS, TN, WHERE CRUDE VEGETABLE OIL IS REFINED INTO EDIBLE LIQUID AND SEMI-SOLID COOKING OILS FOR CONSUMER AND COMMERCIAL USE. THE FACILITY'S 113 ABOVE-GROUND STORAGE TANKS HAVE A TOTAL STORAGE CAPACITY OF 14,265,949 GALLONS OF OIL. THE LARGEST TANK HAS A 1,194,805-GALLON STORAGE CAPACITY. ON OCT 23, 2007, EPA INSPECTED THE FACILITY TO DETERMINE ITS COMPLIANCE WITH THE OIL POLLUTION ACT'S SPILL PREVENTION, CONTROL AND COUNTERMEASURE REGS, THEN FOLLOWED UP WITH A REVIEW OF THE FACILITY RESPONSE PLAN (FRP). NUMEROUS DEFICIENCIES IN THE PREPARATION AND IMPLEMENTATION OF THE SPCC PLAN AND THE FRP WERE IDENTIFIED, INCLUDING LACK OF ADEQUATE SECONDARY CONTAINMENT FOR THE ABOVE-GROUND STORAGE TANKS. THE CASE WAS REFERRED TO DOJ, WHICH INITIATED NEGOTIATIONS BETWEEN THE PARTIES. THE DEFENDANTS AGREED TO PAY $475,00 IN CIVIL PENALTIES AND IMPLEMENT A TANK INTEGRITY TESTING PROGRAM AND SCHEDULE.

Defendants (2)

• CONAGRA GROCERY PRODUCTS, LLCNamed in complaintNamed in settlement
• CONAGRA FOODS, INC.Named in complaintNamed in settlement

Facilities (1)

• CONAGRA GROCERY PRODUCTS CO

  1351 WILLIAMS AVENUE, MEMPHIS, TN, 381041759

  Registry ID: 110000373872

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• CONAGRA FOODS, INC. AND CONAGRA GROCERY PRODUCTS, LLC (04-2014-C006)entered 2014-02-12

  Primary law: CWA

  Federal penalty: $475,000

Timeline (6 milestones)

• 2011-09-06Referred To Dept Of Justice
• 2011-09-09Enforcement Action Data Entered
• 2013-09-30Complaint Filed With Court
• 2013-09-30Final Order Lodged
• 2014-02-12Concluded
• 2014-02-12Final Order Entered