EPA v. VENTURA FOODS, LLC

Case summary

2/5/2014 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $18,281 (CERCLA VIOLATION $6,094 AND EPCRA VIOLATIONS $12,187). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ORDER ALLEGES: ON FEBRUARY 3, 2013, RESPONDENT HAD A RELEASE OF AMMONIA 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. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a)OF EPCRA, 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 REQUIRMENTS OF SECTION 304(c), BY FAILING TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE SERC AND THE 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)

• VENTURA FOODS, LLCNamed in complaintNamed in settlement

Facilities (2)

• VENTURA FOODS LLC

  3900 VANDERBILT ROAD, BIRMINGHAM, AL, 35217

  Registry ID: 110009456551

• VENTURA FOODS LLC

  3900 VANDERBILT ROAD, BIRMINGHAM, AL, 35217

  Registry ID: 110009456551

Statutes cited

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

Enforcement conclusions (1)

• VENTURA FOODS, LLCentered 2014-02-05

  Primary law: CERCLA

  Federal penalty: $18,281 · SEP: $68,555

Timeline (4 milestones)

• 2014-02-05Complaint Filed/Proposed Order
• 2014-02-05Final Order Issued
• 2014-02-18Enforcement Action Data Entered
• 2014-02-24Enforcement Action Closed