EPA v. KROGER LIMITED PARTMERSHIP II D/B/A COUNTRY OVEN BAKERY

Case summary

2/25/16 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $29,205 (CERCLA VIOLATION - $14,602 AND EPCRA VIOLATION $14,603). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: ON MAY 7, 2014, THERE WAS A RELEASE OF AMMONIA ABOVE THE RQ AT RESPONDENT'S 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 RLEASE OF AMMONIA IN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. VIOLATION OF SECTION 304(a) OF EPCRA ON MAY 7, 2014, THERE WAS A RELEASE OF AMMONIA ABOVE THE 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.

Defendants (2)

• KROGER LIMITED PARTNERSHIP II D/B/ANamed in complaintNamed in settlement
• COUNTRY BAKERYNamed in settlement

Facilities (1)

• COUNTRY OVEN BAKERY

  2840 PIONEER DRIVE, BOWLING GREEN, KY, 42101-4053

  Registry ID: 110000537946

Statutes cited

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

Enforcement conclusions (1)

• KROGER LIMITED PARTMERSHIP II D/B/A COUNTRY OVEN BAKERYentered 2016-02-25

  Primary law: EPCRA

  Federal penalty: $29,205

Timeline (4 milestones)

• 2016-02-25Final Order Issued
• 2016-02-25Complaint Filed/Proposed Order
• 2016-03-02Enforcement Action Data Entered
• 2016-04-12Enforcement Action Closed