EPA v. THE KROGER CO. D/B/A HERITAGE FARMS DAIRY

Case summary

4/11/2024 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $7,309. PENALTY DUE WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS CAFO. 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 COORDINATE ANNUALLY WITH LOCAL EMERGENCY PLANNING AND RESPONSE ORGANIZATIONS TO ADDRESS CHANGES: AT THE STATIONARY SOURCE; IN THE STATIONARY SOURCE'S EMERGENCY RESPONSE AND/OR EMERGENCY ACTION PLAN; AND/OR IN THE COMMUNITY EMERGENCY RESPONSE PLAN, AS REQUIRED BY 40 C.F.R. ? 68.93(A); AND C. FAILED TO DOCUMENT COORDINATION WITH LOCAL AUTHORITIES INCLUDING: THE NAMES OF INDIVIDUALS INVOLVED AND THEIR CONTACT INFORMATION; DATES OF COORDINATION ACTIVITIES; AND NATURE OF COORDINATION ACTIVITIES, AS REQUIRED BY 40 C.F.R. ? 68.93(C).

Defendants (1)

• THE KROGER CO. D/B/A HERITAGE FARMS DAIRYNamed in complaintNamed in settlement

Facilities (1)

• HERITAGE FARMS DAIRY

  1100 NEW SALEM HWY., MURFREESBORO, TN, 37129-6914

  Registry ID: 110000370438

Statutes cited

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

Enforcement conclusions (1)

• THE KROGER CO. D/B/A HERITAGE FARMS DAIRYentered 2024-04-11

  Primary law: CAA

  Federal penalty: $7,309 · SEP: $32,015

Timeline (3 milestones)

• 2024-04-11Final Order Issued
• 2024-04-11Complaint Filed/Proposed Order
• 2024-05-13Enforcement Action Data Entered