EPA v. WOOD-FRUITTICHER GROCERY COMPANY, INC

Case summary

9/7/2023 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $71,469. 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); AND B. FAILED TO ESTABLISH A SYSTEM TO PROMPTLY ADDRESS THE TEAM?S FINDINGS AND RECOMMENDATIONS (OF THE PHA); ASSURE THAT THE RECOMMENDATIONS ARE RESOLVED IN A TIMELY MANNER AND THAT THE RESOLUTION IS DOCUMENTED; DOCUMENT WHAT ACTIONS ARE TO BE TAKEN; COMPLETE ACTIONS AS SOON AS POSSIBLE; DEVELOP A WRITTEN SCHEDULE OF WHEN THESE ACTIONS ARE TO BE COMPLETED; AND COMMUNICATE THE ACTIONS TO OPERATING, MAINTENANCE AND OTHER EMPLOYEES WHOSE WORK ASSIGNMENTS ARE IN THE PROCESS AND WHO MAY BE AFFECTED BY THE RECOMMENDATIONS OR ACTIONS, AS REQUIRED BY 40 C.F.R. ? 68.67(E).

Defendants (1)

• WOOD-FRUITTICHER GROCERY COMPANY, INCNamed in complaintNamed in settlement

Facilities (1)

• WOOD FRUITTICHER GROCERY CO.

  2900 ALTON ROAD, BIRMINGHAM, AL, 35210-4393

  Registry ID: 110012679556

Statutes cited

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

Enforcement conclusions (1)

• WOOD-FRUITTICHER GROCERY COMPANY, INCentered 2023-09-07

  Primary law: CAA

  Federal penalty: $71,469

Timeline (4 milestones)

• 2023-09-07Complaint Filed/Proposed Order
• 2023-09-07Final Order Issued
• 2023-09-11Enforcement Action Closed
• 2023-09-13Enforcement Action Data Entered