EPA v. TALENTI GELATO, LLC

Case summary

2/5/2018 - CONSENT AGREEMENT ISSUED, ASSESSING A TOTAL PENALTY OF $15,000 (CERCLA VIOLATION - $7500 AND EPCRA VIOLATION $7500). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: VIOLATION OF SECTION 103(a) OF CERCLA ON DECEMBER 18, 2015, THERE WAS A RELEASE OF AMMONIA ABOVE THE RQ INTO THE ENVIRONMENT FROM RESPONDENT'S FACILITY. THE 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 SECTION 304(a) EPCRA ON DECEMBER 18, 2015, THERE WAS A RELEASE OF AMMONIA ABOVE THE RQ INTO THE ENVIRONMENT FROM RESPONDENT'S FACILITY. THE EPA ALLEGES THAT THE RELEASES RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSONS BEYOND THE SITE OR SITES ON WHICH THE FACILITY IS LOCATED. THE EPA ALLEGES RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a), BY FAILING TO IMMEDIATELY NOTIFY THE SERC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIA EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• TALENTI GELATO, LLCNamed in complaintNamed in settlement

Facilities (1)

• TALENTI GELATO

  1058 KING INDUSTRIAL DRIVE, MARIETTA, GA, 30062-2438

  Registry ID: 110000517398

Statutes cited

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

Enforcement conclusions (1)

• TALENTI GELATO, LLCentered 2018-02-06

  Primary law: EPCRA

  Federal penalty: $15,000

Timeline (4 milestones)

• 2018-02-06Final Order Issued
• 2018-02-06Complaint Filed/Proposed Order
• 2018-02-09Enforcement Action Data Entered
• 2018-03-05Enforcement Action Closed