EPA v. TURNER HOLDINGS LLC

Case summary

1/3/13 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $34,505 ($11,505 CERCLA VIOLATIONS AND $23,010 EPCRA VIOLATION). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: ON MAY 26, 2011, RESPONDENT HAD A RELEASE OF AMMONIA BOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIRMENTS OF SECTION 103(a) OF CERCLA, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT KNOWLEDGE OF THE RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATEHR THAN ITS RQ AT RESPONDENT'S FACILITY. IN VIOLATION OF CERCLA SECTION 103(a). RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA, BY FAILING TO NOTIFY THE SEC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIA IN A AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(c) OF EPCRA, BY FAILING TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) WHEN THERE HAD BEEN A RELEASE OF AMMONIA EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• TURNER HOLDINGS LLCNamed in complaintNamed in settlement

Facilities (1)

• TURNER DAIRY, INC.

  219 EAST 4TH STREET, FULTON, KY, 42041-1415

  Registry ID: 110000380123

Statutes cited

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

Enforcement conclusions (1)

• TURNER HOLDINGS LLCentered 2013-01-03

  Primary law: EPCRA

  Federal penalty: $34,515

Timeline (4 milestones)

• 2013-01-03Final Order Issued
• 2013-01-03Complaint Filed/Proposed Order
• 2013-01-08Enforcement Action Data Entered
• 2013-01-25Enforcement Action Closed