EPA v. PIGGLY WIGGLY ALABAMA DISTRIBUTING CO., INC.

Case summary

9/19/17 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $23,031. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CODIFIED RULES GOVERNING THE ACT'S CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENT PROVISIONS OF 40 CFR PART 68 WHEN IT: FAILED TO DOCUMENT THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 CFR SECTION 68.65(d)(2); FAILED TO ESTABLISH A SYSTEM TO PROMPTLY ADDRESS THE TEAM'S FINDINGS AND RECOMMENDATIONS; ASSURE THAT THE RECOMMEDATIONS ARE RESOLVED IN A TIMELY MANNER AND THAT THE RESOLUTION IS DOCUMENTED; DOCUMENT WHAT ACTIONS ARE TO BE TAKEN; COMPLETE ACTIONS AS SOON AS POSSIBLE; DEEVELOP A WRITTEN SCHEDULE OF WHEN THESE ACTIONS ARE TO BE COMPLETED; COMMUNICATE THE ACTIONS TO OPERATING, MAINTENANCE AND OTHER EMPLOYEES WHOSE WORK ASSIGNMENTS ARE IN THE PROCESS AND WHO MAY BE AFFECTED BY THE RECOMMEDATIONS OR ACTIONS AS REQUIRED BY 40 CFR SECTION 68.67(e); FAILED TO DOCUMENT EACH INSPECTION AND TEST THAT HAS BEEN PERFORMED ON PROCESS EQUIPMENT AS REQUIRED BY 40 CFR SECTION 68.73(d)(4); AND FAILED TO DEVELOP AND IMPLEMENT PROCEDURES TO REVIEW AND UPDATE, AS APPROPRIATE, THE EMERGENCY RESPONSE PLAN AS REQUIRED BY 40 CFR SECTION 68.95(a)(4).

Defendants (1)

• PIGGLY WIGGLY ALABAMA DISTRIBUTING CO., INC.Named in complaintNamed in settlement

Facilities (1)

• PIGGLY WIGGLY ALABAMA DISTRIBUTING COMPANY, INC.

  2400 J. TERRELL WOOTEN DRIVE, BESSEMER, AL, 35020

  Registry ID: 110022870437

Statutes cited

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

Enforcement conclusions (1)

• PIGGLY WIGGLY ALABAMA DISTRIBUTING CO., INC.entered 2017-09-19

  Primary law: CAA

  Federal penalty: $23,031

Timeline (4 milestones)

• 2017-09-19Final Order Issued
• 2017-09-19Complaint Filed/Proposed Order
• 2017-09-22Enforcement Action Data Entered
• 2017-10-05Enforcement Action Closed