EPA v. FOOD LION, LLC

Case summary

4/3/12 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $26,325. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: AT SOME TIME DURING THE CALENDAR YEARS OF 2010, 2009, AND 2008, SULFURIC ACID WAS PRESENT AT THE FACILITY IN AN AMUNT EQUAL TO OR GREATER THAN 500 POUNDS. SULFURIC ACID IS AN EXTREMELY HAZARDOUS SUBSTANCE AS DEFINED BY SECTION 329(3) OF EPCRA, 42 U.S.C. SECTION 11049(3) AND 40 C.F.R., PART 355, APPS. A & B, FOR WHICH RESPONDENT IS REQUIRED TO PREPARE OR HAVE AVAILABLE AN MSDS UNDER OSHA AT ITS FACILITY. RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR SULFURIC ACID TO THE SERC, THE LEPC, AND FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2010, 2009, AND 2008, BY MARCH 1 OF THE FOLLOWING YEAR. EPA ALLEGES THAT RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 312 OF EPCRA, AT ITS FACILITY FOR CALENDAR YEARS 2010, 2009, AND 2008.

Defendants (1)

• FOOD LION, LLCNamed in complaintNamed in settlement

Facilities (1)

• DELHAIZE AMERICA, INC.

  2085 HARRISON RD, SALISBURY, NC, 28144

  Registry ID: 110004049574

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms

Enforcement conclusions (1)

• FOOD LION, LLCentered 2012-04-03

  Primary law: EPCRA

  Federal penalty: $26,325

Timeline (4 milestones)

• 2012-04-03Complaint Filed/Proposed Order
• 2012-04-03Final Order Issued
• 2012-04-06Enforcement Action Closed
• 2012-04-18Enforcement Action Data Entered