EPA v. FRICK HOLDINGS, INC. DBA MILLER'S COUNTRY HAMS, INC.

Case summary

6/24/2014 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $1,522 (CERCLA VIOLATION - $375 AND EPCRA VIOLATIONS - $1,147). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: VIOLATION OF CERCLA ON AUGUST 10, 2010, RESPONDENT HAD A RELEASE OF AMMONIA ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOFIFICATION 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(c) OF EPCRA EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(c) OF EPCRA, BY FAILING TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE LEPC WHEN THERE HAD BEEN A RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. VIOLATION OF SECTION 312 OF EPCRA RESPONENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR AMMONIA TO THE SERC, THE LEPC, AND FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2009 AND 2008, BY MARCH 1 OF THE YEAR FOLLOWING THE CALENDAR YEARS FOR WHICH THE REPORT WAS REQUIRED.

Defendants (2)

• FRICK HOLDINGS, INC. (SB)Named in complaintNamed in settlement
• MILLER'S COUNTRY HAMS, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• MILLER'S COUNTRY HAMS, INC.

  485 OLD SYMSONIA ROAD, BENTON, KY, 42025

  Registry ID: 110059785996

Statutes cited

• EPCRA 304 — Emergency Release Notification Section 313 Program
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms

Enforcement conclusions (1)

• FRICK HOLDINGS, INC. DBA MILLER'S COUNTRY HAMS, INC.entered 2014-06-24

  Primary law: EPCRA

  Federal penalty: $1,522 · SEP: $45,624

Timeline (4 milestones)

• 2014-06-24Final Order Issued
• 2014-06-24Complaint Filed/Proposed Order
• 2014-06-25Enforcement Action Closed
• 2014-06-26Enforcement Action Data Entered