EPA v. BONGARD'S SOUTH, LLC

Case summary

9/15/2021- CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $57,468.00. PENALTY DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: BASED ON 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 C.F.R. ? 68.65(D)(2); B. FAILED TO CONTROL THE HAZARDS INVOLVED IN THE PROCESS AS REQUIRED BY 40 C.F.R ? 68.67(A); AND, C. FAILED TO REVIEW, REVISE AND UPDATE THE RMPLAN NO LATER THAN THE DATE ON WHICH A REGULATED SUBSTANCE IS FIRST PRESENT ABOVE A THRESHOLD QUANTITY IN A NEW PROCESS, AS REQUIRED BY 40 C.F.R. ? 68.190(B)(4).

Defendants (1)

• BONGARD'S SOUTH, LLCNamed in complaintNamed in settlement

Facilities (1)

• AC HUMKO HUMBOLDT TENNESSEE

  3001 HIGHWAY 45 W. BYPASS, HUMBOLDT, TN, 38343

  Registry ID: 110000544910

Statutes cited

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

Enforcement conclusions (1)

• BONGARD'S SOUTH, LLCentered 2021-09-15

  Primary law: CAA

  Federal penalty: $57,468

Timeline (4 milestones)

• 2021-09-15Complaint Filed/Proposed Order
• 2021-09-15Enforcement Action Data Entered
• 2021-09-15Final Order Issued
• 2021-09-22Enforcement Action Closed