EPA v. DSM NUTRITIONAL PRODUCTS, LLC

Case summary

8/8/2014 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,785 (CERCLA VIOLATION $2,893 AND EPCRA VIOLATION $2,892). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: VIOLATION OF SECTION 103(a) OF CERCLA ON DECEMBER 13, 2013, 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 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) EPA ALLEGES THAT RESPONDNET 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 RELASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• DSM NUTRITIONAL PRODUCTS, LLCNamed in complaintNamed in settlement

Facilities (4)

• DSM NUTRITIONAL PRODUCTS

  1416 NORTH WILLIAMSBURG COUNTY HIGHWAY, KINGSTREE, SC, 29556

  Registry ID: 110000587525

• DSM NUTRITIONAL PRODUCTS

  1416 NORTH WILLIAMSBURG COUNTY HIGHWAY, KINGSTREE, SC, 29556

  Registry ID: 110000587525

• DSM NUTRITIONAL PRODUCTS

  1416 NORTH WILLIAMSBURG COUNTY HIGHWAY, KINGSTREE, SC, 29556

  Registry ID: 110000587525

• DSM NUTRITIONAL PRODUCTS

  1416 NORTH WILLIAMSBURG COUNTY HIGHWAY, KINGSTREE, SC, 29556

  Registry ID: 110000587525

Statutes cited

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

Enforcement conclusions (1)

• DSM NUTRITIONAL PRODUCTS, LLCentered 2014-08-08

  Primary law: CERCLA

  Federal penalty: $5,785

Timeline (4 milestones)

• 2014-08-08Complaint Filed/Proposed Order
• 2014-08-08Final Order Issued
• 2014-08-18Enforcement Action Data Entered
• 2014-08-20Enforcement Action Closed