EPA v. FOSTER POULTRY FARMS, A CALIFORNIA CORPORATION

Case summary

9/2/2020- CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $104,502. PENALTY DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: BASED ON THE EPA?S COMPLIANCE MONITORING INVESTIGATION, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 C.F.R. PART 68, THE CODIFIED RULES GOVERNING THE ACT?S CHEMICAL ACCIDENT PREVENTION PROVISIONS AND SECTION 112(R) OF THE ACT, 42 U.S.C. ? 7412(R), WHEN IT: A) FAILED TO DOCUMENT THAT EQUIPMENT COMPLIES WITH RAGAGEP AS REQUIRED BY 40 CFR ? 68.65(D)(2); AND B) FAILED TO INFORM EMPLOYEES INVOLVED IN OPERATING A PROCESS AND MAINTENANCE AND CONTRACT EMPLOYEES WHOSE JOB TASKS WILL BE AFFECTED BY A CHANGE IN THE PROCESS OF, AND TRAINED IN, THE CHANGE PRIOR TO START-UP OF THE PROCESS OR AFFECTED PART OF THE PROCESS AS REQUIRED BY40 CFR ? 68.75(C).

Defendants (1)

• FOSTER POULTRY FARMS, A CALIFORNIA CORPORATIONNamed in complaintNamed in settlement

Facilities (4)

• FOSTER FARMS DEMOPOLIS PLANT

  232 NORTH INDUSTRIAL PARK DR, DEMOPOLIS, AL, 36732-6213

  Registry ID: 110012224565

• FOSTER FARMS DEMOPOLIS PLANT

  232 NORTH INDUSTRIAL PARK DR, DEMOPOLIS, AL, 36732-6213

  Registry ID: 110012224565

• FOSTER FARMS DEMOPOLIS PLANT

  232 NORTH INDUSTRIAL PARK DR, DEMOPOLIS, AL, 36732-6213

  Registry ID: 110012224565

• FOSTER FARMS DEMOPOLIS PLANT

  232 NORTH INDUSTRIAL PARK DR, DEMOPOLIS, AL, 36732-6213

  Registry ID: 110012224565

Statutes cited

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

Enforcement conclusions (1)

• FOSTER POULTRY FARMS, A CALIFORNIA CORPORATIONentered 2020-09-02

  Primary law: CAA

  Federal penalty: $104,502

Timeline (4 milestones)

• 2020-09-02Final Order Issued
• 2020-09-02Complaint Filed/Proposed Order
• 2020-09-14Enforcement Action Data Entered
• 2020-09-17Enforcement Action Closed