EPA v. FRITO LAY, INC.

Case summary

JANUARY 13, 2022 - SPCC Expedited Settlement Agreement Pursuant to CWA Section 3ll(b)(6)(B)(i) On September 10, 2019, an authorized representative of the United States Environmental Protection Agency (EPA) conducted an inspection of the Respondent's facility located at 2911 Nevada Boulevard, Charlotte, North Carolina 28273 (the Facility), to detennine compliance with the Oil Pollution Prevention regulations promulgated at 40 C.F.R. Part 112 under Section 3110) of the Clean Water Act (CWA), as amended, 33 U.S.C. ? 1321(j). EPA determined that Respondent, as owner or operator of the Facility, violated the Oil Pollution Prevention regulations as noted on the attached Spill Prevention Control and Countermeasure Plan (SPCC) Inspection Findings, Alleged Violations, and Proposed Penalty Fonn (Fonn), which is incorporated by reference. By its signature below, EPA ratifies the inspection findings and alleged violations set forth in the Form. EPA is authorized to enter into this Expedited Settlement Agreement (ESA) under the authority of Section 3ll(b)(6)(B)(i) of the CWA, 33 U.S.C. ? 1321(b)(6)(B)(i), as amended by the Oil Pollution Act of 1990, and 40 C.F.R. . ? 22.13(b). The parties enter into this ESA to settle the civil violations described in the Form for a penalty of $2,313. This ESA is subject to the following terms and conditions: EPA finds Respondent is subject to the Oil Pollution Prevention regulations and has violated the regulations as described in the Form. Respondent admits it is subject to the Oil Pollution Prevention regulations and that EPA has jurisdiction over Respondent and Respondent's conduct as described in the Form. Respondent does not contest the inspection findings and neither admits nor denies the allegations in the Form. Respondent also waives any objections it may have to EPA's jurisdiction, any rights to contest the allegations, and its right to appeal this ESA and Final Order. Respondent consents to the assessment of the penalty stated above.

Defendants (1)

• FRITO LAY, INC.Named in complaintNamed in settlement

Facilities (1)

• FRITO LAY INCORPORATED

  2911 NEVADA BLVD., CHARLOTTE, NC, 28273

  Registry ID: 110000349383

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• FRITO LAY, INC.entered 2022-01-13

  Primary law: CWA

  Federal penalty: $2,313

Timeline (4 milestones)

• 2022-01-13Complaint Filed/Proposed Order
• 2022-01-13Final Order Issued
• 2022-01-24Enforcement Action Closed
• 2022-01-27Enforcement Action Data Entered