EPA v. VANGUARD CULINARY GROUP, LTD.

Case summary

12/13/19 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $79,900 (CERCLA - $18,750 AND EPCRA - $61,150). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ALLEGED VIOLATIONS: RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA, BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE AUGUST 2, 2014 RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(c) OF EPCRA, BY FAILING TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTIFICATION TO THE SERC AND LEPC AS SOON AS PRACTICABLE AFTER THE RESPONDENT HAD KNOWLEDGE OF THE AUGUST 2, 2014 RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT THE RESPONDENT'S FACILITY. 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 AUGUST 2, 2014 RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 312 OF EPCRA BY FAILING TO SUBMIT THE REQUIRED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR AMMONIA FOR CALENDAR YEAR(s) 2013 AND 2014 BY JULY 1 OF THE FOLLOWING CALENDAR YEAR. RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 312 OF EPCRA BY FAILING TO SUBMIT THE REQUIRED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM SULFURIC ACID FOR CALENDAR YEARS(s) 2013 AND 2014 BY JULY 1 OF THE FOLLOWING CALENDAR YEAR.

Defendants (1)

• VANGUARD CULINARY GROUP, LTD.Named in complaintNamed in settlement

Facilities (1)

• VANGUARD CULINARY GROUP, LTD.

  716 WHITFIELD STREET, FAYETTEVILLE, NC, 28306

  Registry ID: 110067163072

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 304 — Emergency Release Notification Section 313 Program

Enforcement conclusions (1)

• VANGUARD CULINARY GROUP, LTD.entered 2019-12-13

  Primary law: EPCRA

  Federal penalty: $79,900

Timeline (3 milestones)

• 2019-12-13Final Order Issued
• 2019-12-13Complaint Filed/Proposed Order
• 2020-01-14Enforcement Action Data Entered