EPA v. KROGER LIMITED PARTNERSHIP II D/B/A WINCHESTER FARMS DAIRY

Case summary

8/14/18 - EXPEDITED SETTLEMENT AGREEMENT (ESA) ISSUED, ASSESSING A PENALTY OF $1200. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN (15) DAYS. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY, THE 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 MAINTAINED RECORDS FOR WORST-CASE SCENARIOS: ASSUMPTIONS AND PARAMETERS USED AS REQUIRED BY 40 CFR SECTION 68.39(a); AND IT MAINTAINED RECORDS FOR ALTERNATIVE RELEASE SCENARIOS: ASSUMPTIONS AND PARAMETERS USED, AS REQUIRED BY 40 CFR SECTION 68.39(b).

Defendants (2)

• WINCHESTER FARMS DAIRYNamed in complaintNamed in settlement
• KROGER LIMITED PARTNERSHIP II D/B/ANamed in complaintNamed in settlement

Facilities (1)

• WINCHESTER FARMS DAIRY INC.

  675 ROLLING HILLS LANE, WINCHESTER, KY, 40391

  Registry ID: 110000379091

Statutes cited

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

Enforcement conclusions (1)

• KROGER LIMITED PARTNERSHIP II D/B/A WINCHESTER FARMS DAIRYentered 2018-08-14

  Primary law: CAA

  Federal penalty: $1,200

Timeline (4 milestones)

• 2018-08-14Final Order Issued
• 2018-08-14Complaint Filed/Proposed Order
• 2018-08-17Enforcement Action Data Entered
• 2018-09-04Enforcement Action Closed