EPA v. WHITE WAVE FOODS

Case summary

3/29/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $11,504 (EPCRA VIOLATION - $5,752 AND CERCLA VIOLATION $5,752). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: ON JUNE 7, 2011, RESPONDENT HAD A RELEASE OF ANYDROUS AMMONIA ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT THE RELASE 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 103(a), 42 U.S.C. SECTION 9603(a), AND THE APPLICABLE CERCLA REGULATIONS, 40 C.F.R. SECTION 302.6, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF ANYDROUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA, 42 U.S.C. SECTION 11004(a), AND THE APPLICABLE EPCRA REGULATIONS OF 40 C.F.R. PART 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)

• WHITE WAVE FOODSNamed in complaintNamed in settlement

Facilities (4)

• WHITEWAVE FOODS

  2198 W. BEAVER ST., JACKSONVILLE, FL, 32209

  Registry ID: 110056536887

• WHITEWAVE FOODS

  2198 W. BEAVER ST., JACKSONVILLE, FL, 32209

  Registry ID: 110056536887

• WHITEWAVE FOODS

  2198 W. BEAVER ST., JACKSONVILLE, FL, 32209

  Registry ID: 110056536887

• WHITEWAVE FOODS

  2198 W. BEAVER ST., JACKSONVILLE, FL, 32209

  Registry ID: 110056536887

Statutes cited

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

Enforcement conclusions (1)

• WHITE WAVE FOODSentered 2012-03-29

  Primary law: EPCRA

  Federal penalty: $11,504

Timeline (3 milestones)

• 2012-03-29Final Order Issued
• 2012-03-29Complaint Filed/Proposed Order
• 2012-03-30Enforcement Action Data Entered