EPA v. NASH-FINCH COMPANY

Case summary

12/30/2014 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $7,305 (CERCLA PENALTY - $1,461, EPCRA PENALTY - $5,844). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ORDER ALLEGES: VIOLATON OF SECTION 103(a) OF CERCLA EPA ALLEGES THAT ON JUNE 20, 2013, THERE WAS 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 EPA ALLEGES THAT ON JUNE 20, 2013, THERE WAS A RELEASE OF AMMONIA ABOVE THE RQ AT THE 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. VIOLATION OF SECTION 304(c) OF EPCRA EPA ALLEGES THAT ON JUNE 20, 2013, THERE WAS A RELEASE OF AMMONIA ABOVE THE RQ AT THE FACILITY. 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 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)

• NASH-FINCH COMPANYNamed in complaintNamed in settlement

Facilities (1)

• NASH FINCH - LUMBERTON DISTRIBUTION

  121 COLD STORAGE ROAD, LUMBERTON, NC, 28359

  Registry ID: 110012141896

Statutes cited

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

Enforcement conclusions (1)

• NASH-FINCH COMPANYentered 2014-12-30

  Primary law: EPCRA

  Federal penalty: $7,305 · SEP: $26,863

Timeline (4 milestones)

• 2014-12-30Final Order Issued
• 2014-12-30Complaint Filed/Proposed Order
• 2015-01-23Enforcement Action Data Entered
• 2015-01-30Enforcement Action Closed