EPA v. WINN DIXIE LOGISTICS, INC.

Case summary

3/4/2014 - EXPEDITED SETTLEMENT AGREEENT ISSUED, ASSESSING A PENALTY OF $4,200. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN DAYS. AGREEMENT STATES: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY ON MARCH 5, 2013, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM, WHEN AT THE TIME OF THE INSPECTION, RESPONDENT DID NOT PROVIDE EVIDENCE THAT: ITS EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 CFR SECTION 68.65(d)(2). IT CERTIFIED ANNUALLY THAT THE OPERATING PROCEDURES ARE CURRENT AND ACCURATE AND THAT PROCEDURES HAVE BEEN REVIEWED AS OFTEN NECESSARY AS REQUIRED BY 40 CFR SECTION 68.69(c). 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)

• WINN-DIXIE LOGISTICSNamed in complaintNamed in settlement

Facilities (1)

• WINN-DIXIE LOGISTICS - HOPE HULL DISTRIBUTION CENTER

  6080 MOBILE HIGHWAY, MONTGOMERY, AL, 36105-5402

  Registry ID: 110003389020

Statutes cited

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

Enforcement conclusions (1)

• WINN DIXIE LOGISTICS, INC.entered 2014-03-04

  Primary law: CAA

  Federal penalty: $4,200

Timeline (4 milestones)

• 2014-03-04Complaint Filed/Proposed Order
• 2014-03-04Final Order Issued
• 2014-03-06Enforcement Action Closed
• 2014-03-07Enforcement Action Data Entered