EPA v. WAYNE FARMS LLC

Case summary

4/23/2014 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $5,400. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN DAYS. BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY, ON JANUARY 22, 2013, EPA ALLEGES THAT RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM, WHEN AT THE TIME OF INSPECTION, RESPONDENT DID NOT PROVIDE EVIDENCE THAT: IT DOCUMENTED THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 CFR SECTION 68.65(d)(2); IT DEVELOPED AND IMPLEMENTED SAFE WORK PRACTICES TO PROVIDE FOR THE CONTROL OF HAZARDS DURING SPECIFIC OPERATIONS, SUCH AS LOCKOUT/TAGOUT AS REQUIRED BY 40 CFR SECTION 68.69(d); IT PROVIDED INITIAL TRAINING IN AN OVERVIEW O THE PROCESS AND IN THE OPERATING PROCEDURES TO EACH EMPLOYEE INVOLVED IN OPERATING A PROCESS AS REQUIRED BY 40 CFR SECTION 68.71(a)(1); IT PROVIDED REFRESHER TRAINING AT LEAST EVERY THREE YEARS, OR MORE IF NECESSARY, TO EACH EMPLOYEE INVOLVED IN OPERATING A PROCESS TO ASSURE THAT THE EMPLOYEE UNDERSTANDS AND ADHERES TO THE CURRENT OPERATING PROCEDURES OF THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.71(b).

Defendants (1)

• WAYNE FARMS LLCNamed in complaintNamed in settlement

Facilities (2)

• WAYNE FARMS LLC DECATUR EAST FURTHER PROCESSING

  100 PLUGS DRIVE, DECATUR, AL, 35601-7442

  Registry ID: 110000514514

• WAYNE FARMS LLC DECATUR EAST FURTHER PROCESSING

  100 PLUGS DRIVE, DECATUR, AL, 35601-7442

  Registry ID: 110000514514

Statutes cited

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

Enforcement conclusions (1)

• WAYNE FARMS LLCentered 2014-04-23

  Primary law: CAA

  Federal penalty: $5,400

Timeline (4 milestones)

• 2014-04-23Complaint Filed/Proposed Order
• 2014-04-23Final Order Issued
• 2014-04-29Enforcement Action Data Entered
• 2014-05-08Enforcement Action Closed