EPA v. GORDON FOOD SERVICE, INC.

Case summary

7/19/16 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $4200. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN DAYS. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY ON AUGUST 11, 2014, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROVISIONS WHEN AT THE TIME OF INSPECTION, RESPONDENT DID NOT PROVIDE EVIDENCE THAT: IT COMPLIED WRITTEN PROCESS SAFETY INFORMATION DOCUMENTATION FOR THE EQUIPMENT IN THE PROCESS WHICH INCLUDES ELECTRICAL CLASSIFICATION AS REQUIRED BY 40 CFR SECTION 68.65(d)(1)(iii); IT COMPILED WRITTEN PROCESS SAFETY INFORMATION FOR THE EQUIPMENT IN THE PROCESS WHICH INCLUDES A RELIEF SYSTEM DESIGN AND DESIGN BASIS AS REQUIRED BY 40 CFR SECTION 68.65(d)(1)(iv); IT DOCUMENTED THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 CFR SECTION 68.65(d)(2); IT PREPARED A RECORD WHICH CONTAINS THE IDENTITY OF THE EMPLOYEE, THE DATE OF TRAINING, AND THE MEANS USED TO VERIFY THAT THE EMPLOYEE UNDERSTOOD THE TRAINING AS REQUIRED BY 40 CFR SECTION 68.71(c); AND IT CORRECTED DEFICIENCIES IN EQUIPMENT THAT ARE OUTSIDE ACCEPTABLE LIMITS BEFORE FURTHER USE OR IN A SAFE AND TIMELY MANNER WHEN NECESSARY MEANS ARE TAKEN TO ASSURE SAFE OPERATION DOCUMENTATION THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICIES AS REQUIRED BY 40 CFR SECTION 68.73(e).

Defendants (1)

• THE J.M. SMUCKER COMPANYNamed in complaintNamed in settlement

Facilities (1)

• GORDON FOOD SERVICE - SHEPHERDSVILE KY

  342 GORDON INDUSTRIAL AVE, SHEPHERDSVILLE, KY, 40165

  Registry ID: 110023010052

Statutes cited

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

Enforcement conclusions (1)

• GORDON FOOD SERVICE, INC.entered 2016-07-19

  Primary law: CAA

  Federal penalty: $4,200

Timeline (4 milestones)

• 2015-01-26Enforcement Action Data Entered
• 2016-07-19Complaint Filed/Proposed Order
• 2016-07-19Final Order Issued
• 2016-07-21Enforcement Action Closed