EPA v. BOTTLING GROUP, LLC

Case summary

3/31/16 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $13,405 (CERCLA VIOLATION - $5,959 AND EPCRA VIOLATION - $7,446). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SUPPLEMENTAL ENVIRONMENTAL PROJECT (SEP). ORDER ALLEGES: VIOLATIONS OF SECTION 103(a) OF CERCLA ON JUNE 27, 2011 AND SEPTEMBER 12, 2011, THERE WAS A RELEASE OF AMMONIA ABOVE THE RQ INTO THE ENVIRONMENT FROM 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 RELEASE OF AMMONIA IN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. VIOLATIONS OF SECTION 304(a) OF EPCRA ON JUNE 27, 2011 AND SEPTEMBER 12, 2011, THERE WAS A RELEASE OF AMMONIA ABOVE THE RQ INTO THE ENVIRONMENT FROM RESPONDENT'S FACILITY. EPA ALLEGES THAT THE RELEASES RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSONS BEYOND THE SITE OR SITES ON WHICH THE FACILITY IS LOCATED. EPA ALLEGES THAT RESONDENT VIOLATED THE NOTIFICATION REQUIREMTNS OF SECTION 304(a) OF EPCRA, BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESONDENT 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 ON SEPTEMBER 12, 2011, A RELEASE OF AMMONIA ABOE THE RQ OCCURRED AT THE FACILITY. EPA ALLEGES THAT THE RELEASE RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSONS BEYOND THE SITE OR SITES ON WHICH THE FACILITY IS LOCATED. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(c) OF EPCRA, BY FAILING TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE LEPC WHEN THERE HAD BEEN A RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT THE FACILITY.

Defendants (1)

• BOTTLING GROUP, LLCNamed in complaintNamed in settlement

Facilities (1)

• PEPSI BOTTLING GROUP

  1480 CHATTAHOOCHEE AVENUE, ATLANTA, GA, 30318-2832

  Registry ID: 110000357596

Statutes cited

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

Enforcement conclusions (1)

• BOTTLING GROUP, LLCentered 2016-03-31

  Primary law: EPCRA

  Federal penalty: $13,405 · SEP: $48,000

Timeline (4 milestones)

• 2016-03-31Complaint Filed/Proposed Order
• 2016-03-31Final Order Issued
• 2016-04-04Enforcement Action Data Entered
• 2016-05-17Enforcement Action Closed