EPA v. DOMINICK'S FINER FOODS, INC.

Case summary

A RELEASE OF 3000 POUNDS OF ANHYDROUS AMMONIA WAS DISCOVERD BY DOMICK'SAT ITS FOREST PARK, ILLINOIS FACILITY ON MAY 14, 1992. THE RELEASEREPORTEDLY STARTED ON MAY 8, 1992 WHEN A REFRIGERATION CONDENSERMALFUNCTIONED AND THE SUBSTANCE ESCAPED THROUGH A PRESSURE RELIEF VALVELOCATED ON THE ROOF OF THE FACILITY. THE ILLINOIS SERC WAS NOTIFIED ONMAY 14, BUT THE NRC AND THE LOCAL EMERGENCY RESPONSE COMMISSION (LEPC)WERE NOT NOFIFIED. THE RELEASE EXCEEDED THE REPORTABLE QUANTITY LIMITOF 100 POUNDS FOR ANHYDROUS AMMONIA BY ABOUT 30 TIMES. FURTHER INVESTIGATION INDICATES THAT DOMICK'S IS NOT IN COMPLIANCE WITHSECTIONS 311 AND 312. IT HAS NOT SUBMITTED TO THE SERC SINCE 1989, ATIER FORM AND IT HAS NEVER SUBMITTEDTHE FORMS TO THE SERC. (IT IS INCOMPLIANCE UNDER SECTIONS 311 AND 312 AS TO THE LOCAL FIRE DEPARTMENT.) CERCLA AND EPCRA RELEASE REPORTING VIOLATIONS.

Defendants (1)

• DOMINICK'S FINER FOODS - DONNA'S MEATSNamed in complaintNamed in settlement

Facilities (1)

• DOMINICKS FINER FOODS INC

  7501 W BROWN ST, FOREST PARK, IL, 60130

  Registry ID: 110010739326

Statutes cited

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

Enforcement conclusions (1)

• DOMINICK'S FINER FOODS, INC.entered 1996-10-08

  Primary law: EPCRA

  Federal penalty: $85,644

Timeline (4 milestones)

• 1992-05-14Enforcement Action Data Entered
• 1995-01-09Complaint Filed/Proposed Order
• 1996-10-08Final Order Issued
• 1997-07-24Enforcement Action Closed