EPA v. KING SALMON, INC.

Case summary

A RELEASE 150 POUNDS OF AMMONIA OCCURRED AT THE FACILITY WHEN AN EMPLOYEE BACKED INTO AN AMONIA LINE WITH A FORK LIFT ON SEPTEMBER 22, 1992. THE REPORTABLE QUANTITY FOR AMMONIA IS 100 POUNDS. THE COMPANY FAILED TO NOTIFY THE NRC AND THE LEPC. IT REPORTED THE RELEASE TO THE STATE AGENCY ABOUT 2 HOURS AND 18 MINUTES AFTER THE RELEASE. FURTHER INVESTIGATION ALSO SHOWED THAT THE COMPANY HAD FAILED TO SUBMIT MSDS'S AND HAZ. CHEMICAL INVENTORY FORMS (TIER FORM) TO THE SERC, LEPC AND LOCAL FIRE DEPARTMENT. BECAUSE THE RELEASE WAS SMALL AND BECAUSE THE MAXIMUM AMOUNT STORED ON SITE IN A YEAR (600 POUNDS) ONLY EXCEEDED THE TIER FORM REQUIRMENT BY 100 POUNDS, ONLY A WARNING LETTER AND NOV IS PLANNED TO BE ISSUED TO THE FACILITY. THE NOV INDICATES EPA MAY FILE A COMPLAINT FOR $56,100 IF THE COMPANY DOES NOT CERTIFY WITHIN 30 DAYS THAT IT HAS SUBMITTED MSDS'S AND INVENTORY FORMS TO THE APPROPRIATE OFFICIALS AS DIRECTED.

Defendants (1)

• KING SALMON, INC.Named in settlement

Facilities (1)

• KING SALMON INC

  4167 S LOWE AVE, CHICAGO, IL, 60600

  Registry ID: 110010739308

Statutes cited

• EPCRA 304 — Emergency Release Notification Section 313 Program
• EPCRA 311 — Material Safety Data Sheets (MSDS)
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• KING SALMONentered 1994-09-28

  Primary law: CERCLA

Timeline (3 milestones)

• 1994-07-08Enforcement Action Data Entered
• 1994-09-28Final Order Issued
• 1994-09-28Enforcement Action Closed