EPA v. WOOD FRUITTICHER FOOD SERVICE

Case summary

12/4/2012 - EXPEDITED SETTLEMENT AGREEMENT (ESA) ISSUED, ASSESSING A PENALTY OF $1,440. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN DAYS OF RECEIVING A COPY OF THE FULLY EXECUTED ESA. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY ON MAY 2, 2012, EPA ALLEGES THAT THE RESPONDENT THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM, WHEN AT THE TIME OF INSPECTION, RESPONDENT DID NOT PROVIDE EVIDENCE THAT: IT ESTABLISHED AND IMPLEMENTED WRITTEN PROCEDURES TO MAINTAIN THE ON-GOING INTEGRITY OF THE PROCESS EQUIPMENT AS REQUIRED BY 40 CFR SECTION 63.73(b) AND, IT CORRECTED DEFICIENCIES IN EQUIPMENT THAT WERE OUTSIDE ACCEPTABLE LIMITS DEFINED BY THE PROCESS SAFETY INFORMATION BEFORE USE OR IN A SAFE AND TIMELY MANNER WHEN NECESSARY MEANS WERE TAKEN TO ASSURE SAFE OPERATION AS REQUIRED BY 40 CFR SECTION 63.73(e).

Defendants (1)

• WOOD FRUITTICHER FOOD SERVICENamed in complaintNamed in settlement

Facilities (1)

• WOOD FRUITTICHER GROCERY CO.

  2900 ALTON ROAD, BIRMINGHAM, AL, 35210-4393

  Registry ID: 110012679556

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• WOOD FRUITTICHER FOOD SERVICEentered 2012-12-04

  Primary law: CAA

  Federal penalty: $1,440

Timeline (3 milestones)

• 2012-12-04Final Order Issued
• 2012-12-04Complaint Filed/Proposed Order
• 2012-12-13Enforcement Action Data Entered