EPA v. SAPUTO DAIRY FOODS USA, LLC

Case summary

1/10/17 - EXPEDITED SETTLEMENT AGREEMENT (ESA) ISSUED, ASSESSING A PENALTY OF $4500. RESPONDENT SHALL MAKE PAYMENT WIHTIN FIFTEEN DAYS. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY, ON MARCH 1, 2016, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM, WHEN AT THE TIME OF INSPECTION, RESPONDENT DID NOT PROVIDE EVIDENCE THAT: IT ASSURED THAT THE RECOMMENDATIONS OF THE PHA WERE RESOLVED IN A TIMELY MANNER AND WERE DOCUMENTED AS REQUIRED BY 40 CFR SECTION 68.67(e); IT CERTIFIED ANNUALLY THAT THE OPERATING PROCEDURES WERE CURRENT AND ACCURATE AS REQUIRED BY 40 CFR SECTION 68.69(c); IT PREPARED A RECORD WHICH CONTAINS THE IDENTITY OF THE EMPLOYEE, THE DATE OF TRAINING, AND THE MEANS USED TO VERFIY THAT THE EMPLOYEE UNDERSTOOD THE TRAINING AS REQUIRED BY 40 CFR SECTION 68.71(c); IT DOCUMENTED EACH INSPECTION AND TEST THAT HAD BEEN PERFORMED ON PROCESS EQUIPMENT AS REQUIRED BY 40 CFR SECTION 68.73(d)(4)(; AND IT PROMPTLY DETERMINED AND DOCUMENTED AN APPROPRIATE RESPONSE TO EACH OF THE FINDINGS OF THE COMPLIANCE AUDIT, AND DOCUMENTED THAT DEFICIENCIES HAD BEEN CORRECTED AS REQUIRED BY 40 CFR SECTION 68.79(d).

Defendants (1)

• SAPUTO DAIRY FOODS USA, LLCNamed in complaintNamed in settlement

Facilities (2)

• SAPUTO DAIRY FOODS USA LLC

  100 E CHESTNUT ST, MURRAY, KY, 42071

  Registry ID: 110000380196

• SAPUTO DAIRY FOODS USA LLC

  100 EAST CHESTNUT STREET, MURRAY, KY, 42071-2100

  Registry ID: 110000380196

Statutes cited

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

Enforcement conclusions (1)

• SAPUTO DAIRY FOODS USA, LLCentered 2017-01-10

  Primary law: CAA

  Federal penalty: $4,500

Timeline (4 milestones)

• 2017-01-10Complaint Filed/Proposed Order
• 2017-01-10Final Order Issued
• 2017-01-11Enforcement Action Data Entered
• 2017-03-21Enforcement Action Closed