EPA v. PEPSI BOTTLING GROUP, LLC

Case summary

9/11/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $11,505 FOR THE CERCLA VIOLATION AND A PENALTY OF $23,010 FOR THE EPCRA VIOLATIONS. ALL PENALTIES ARE DUE WITHIN 30 DAYS. ALLEGATIONS: ON MARCH 30, 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) BY FAILING OT 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 NOTIFICATOIN REQUIREMENTS OF EPCRA 304(a) BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF 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 FOLLOW-UP 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)

• PEPSI BOTTLING GROUP, LLCNamed in complaintNamed in settlement

Facilities (1)

• PEPSI COLA CO BOTTLING GROUP LLC

  6925 NORTH MAIN STREET, COLUMBIA, SC, 29203-3801

  Registry ID: 110000352528

Statutes cited

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

Enforcement conclusions (1)

• PEPSI BOTTLING GROUP, LLCentered 2012-09-11

  Primary law: EPCRA

  Federal penalty: $34,515

Timeline (4 milestones)

• 2012-09-11Final Order Issued
• 2012-09-11Complaint Filed/Proposed Order
• 2012-09-14Enforcement Action Data Entered
• 2012-10-29Enforcement Action Closed