EPA v. CLUB CHEF, LLC

Case summary

9/19/2013 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $35,880 (CERCLA-$24,375 AND EPCRA- $11,505). ORDER ALLEGES: VIOLATION OF SECTION OF 103(a) OF CERCLA ON SEPTEMBER 9, 2012, RESPONDENT HAD A RELEASE OF AMMONIA ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a) OF CERCLA, 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. VIOLATION OF SECTION 304(a) OF EPCRA ON SEPTEMBER 9, 2012, RESPONDENT HAD A RELEASE OF AMMONIA ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT THE RELEASE RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSONS BEYOND THE SITE OR SITES WHICH THE FACILITY IS LOCATED. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA, BY FAILING TO IMMEDIATELY NOTITY THE SERC 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)

• CLUB CHEF, LLCNamed in complaintNamed in settlement

Facilities (2)

• CLUB CHEF

  3776 LAKE PARK DR, COVINGTON, KY, 41017

  Registry ID: 110023012265

• CLUB CHEF

  3776 LAKE PARK DR, COVINGTON, KY, 41017

  Registry ID: 110023012265

Statutes cited

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

Enforcement conclusions (1)

• CLUB CHEF, LLCentered 2013-09-19

  Primary law: CERCLA

  Federal penalty: $35,880

Timeline (4 milestones)

• 2013-09-19Final Order Issued
• 2013-09-19Complaint Filed/Proposed Order
• 2013-09-21Enforcement Action Data Entered
• 2013-09-30Enforcement Action Closed