EPA v. MERCHANTS FOODSERVICE

Case summary

5/10/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $17,255 FOR THE CERCLA VIOLATION AND $41,635 FOR THE EPCRA VIOLATIONS. ALLEGATIONS: ON MAY 1, 2011, RESPONDENT HAD A RELEASE OF AMMONIA ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA 103(a) AND THE APPLICABLE CERCLA REGS, 40 CFR 302.6, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA 304(a) AND THE APPLICABLE REGULATIONS OF 40 CFR 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. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA 304(c) BY FAILING TO PROVIDE A WRITTEN FOLLOWUP EMERGENCY NOTICE TO THE SERC AND LEPC WHEN THERE HAD BEEN A RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• MERCHANTS FOODSERVICENamed in complaintNamed in settlement

Facilities (1)

• THE MERCHANTS COMPANY

  1340 BOWLING STREET, JACKSON, MS, 39209-2622

  Registry ID: 110023013184

Statutes cited

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

Enforcement conclusions (1)

• MERCHANTS FOODSERVICEentered 2012-05-10

  Primary law: EPCRA

  Federal penalty: $58,892

Timeline (4 milestones)

• 2012-05-10Complaint Filed/Proposed Order
• 2012-05-10Final Order Issued
• 2012-05-17Enforcement Action Data Entered
• 2012-05-18Enforcement Action Closed