EPA v. COCA-COLA BOTTLING COMPANY UNITED, INC.

Case summary

1/10/17 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $51,805 (CERCLA VIOLATION $17,268 AND EPCRA VIOLATION $34,537). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: VIOLATION OF SECTION 103(a) OF CERCLA ON SEPTEMBER 22, 2015, A RELEASE OF AMMONIA ABOVE THE RQ OCCURRED AT THE 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 AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. VIOLATION OF EPCRA 304(a) ON SEPTEMBER 22, 2015, A RELEASE OF AMMONIA ABOVE THE IQ 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. 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. VIOLATION OF SECTION 304(c) OF EPCRA ON SEPTEMBER 22, 2015, A RELEASE OF AMMONIA ABOVE 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)

• COCA-COLA BOTTLING COMPANY UNITED, INC.Named in complaintNamed in settlement

Facilities (1)

• COCA COLA BOTTLING CO CHATTA

  4000 AMNICOLA HIGHWAY, CHATTANOOGA, TN, 37406-1007

  Registry ID: 110000862870

Statutes cited

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

Enforcement conclusions (1)

• COCA-COLA BOTTLING COMPANY UNITED, INC.entered 2017-01-10

  Primary law: EPCRA

  Federal penalty: $51,805

Timeline (4 milestones)

• 2017-01-10Final Order Issued
• 2017-01-10Complaint Filed/Proposed Order
• 2017-01-17Enforcement Action Data Entered
• 2017-02-09Enforcement Action Closed