EPA v. ASSOCIATED WHOLESALE GROCERS, INC.

Case summary

7/24/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $24,375 FOR THE CERCLA VIOLATION. RESPONDENT SHALL PAY A PENALTY OF $24,375. PENALTIES DUE WITHIN 30 DAYS. ALLEGATIONS: ON FEB 14, 2012, RESPONDENT HAD A RELEASE OF AMMONIA ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY. EPA ALLEGES RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA 103(a) AND THE APPLICABLE CERCLA REGS, 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 THE RELEASE RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSON BEYOND THE SITE ON WHICH THE FACILITY IS LOCATED. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA 304(a) AND THE APPLICABLE EPCRA REGS BY FAILING OT 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.

Defendants (1)

• ASSOCIATED WHOLESALE GROCERS, INC.Named in complaintNamed in settlement

Facilities (1)

• ASSOCIATED WHOLESALE GROCERS INC

  8690 TULANE, SOUTHAVEN, MS, 38671-1015

  Registry ID: 110002212025

Statutes cited

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

Enforcement conclusions (1)

• ASSOCIATED WHOLESALE GROCERS, INC.entered 2012-07-24

  Primary law: EPCRA

  Federal penalty: $48,750

Timeline (4 milestones)

• 2012-07-24Final Order Issued
• 2012-07-24Complaint Filed/Proposed Order
• 2012-07-25Enforcement Action Closed
• 2012-08-02Enforcement Action Data Entered