EPA v. PURITY DAIRY

Case summary

9/29/15 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOAL PENALTY OF $73.125 (CERCLA VIOLATION - $24,375, EPCRA VIOLATION - $48,750), DUE WITHIN 30 DAYS. ALLEGATIONS: VIOLATION OF SECTION 103(a) OF CERCLA ON NOVEMBER 27, 2013, A RELEASE OF AMMONIA ABOVE THE REPORTABLE QUANITITY (RQ) OCCURRED AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA 103(a) 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 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 OFTHE 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 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)

• PURITY DAIRYNamed in complaintNamed in settlement

Facilities (1)

• PURITY DAIRIES INCORPORATED

  360 MURFREESBORO RD., NASHVILLE, TN, 37210

  Registry ID: 110000371071

Statutes cited

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

Enforcement conclusions (1)

• PURITY DAIRYentered 2015-09-29

  Primary law: CERCLA

  Federal penalty: $73,125

Timeline (4 milestones)

• 2015-09-29Complaint Filed/Proposed Order
• 2015-09-29Final Order Issued
• 2015-09-30Enforcement Action Data Entered
• 2016-01-19Enforcement Action Closed