EPA v. COUNTRY HOME BAKERY OF MICHIGAN

Case summary

THIS CASE ARISES OUT OF A RELEASE OF AMMONIA FROM THE BAKERY. THEY DID NOT REPORT IT UNTIL SEVERAL HOURS AFTER DISCOVERY OF THE RELEASE. WE ALLEGE 900 LBS BASED ON THEIR REPORT WHICH THEY NOW SAY MAY NOT BE ACCURATE. THE COMPLAINT ALLEGES 17 VIOLATIONS FROM FAILURE TO TIMELY NOTIFY THE NRC, LERC, AND SERC AND FIRE DEPARTMENTS TO FAILURE TO MAINTAIN MATERIAL DATA SHEETS. ON AUGUST 9, 1993, AT 6:00 AM, COUNTRY HOME BAKERY OF MICHIGAN, INC., FACILITY LOCATED IN HIGHLAND PARK, MICHIGAN, DISCOVERED A RELEASE OF APPROXIMATELY 900 POUNDS OF ANHYDROUS AMMONIA INTO THE ATMOSPHERE FROM A COMPRESSOR RELIEF VALVE THAT FAILED TO RESEAT. COUNTRY HOME BAKERY OF MICHIGAN, INC., NOTIFIED THE NRC, ON AUGUST 9, 1992, AT 2:18 PM, OR EIGHT HOURS AND 18 MINUTES AFTER THE FACILITY HAD KNOWLEDGE THE RELEASE. COUNTRY HOME BAKERY OF MICHIGAN, INC., NEVER NOTIFIED THE SERC OR THE LEPC OF THE RELEASE. THE FACILITY HAS NEVER PROVIDED WRITTEN FOLLOW-UP EMERGENCY NOTIFICATION TO THE SERC OR LEPC. ANHYDROUS AMMONIA HAS A CERCLA RQ OF 100 POUNDS. THE AMOUNT OF ANHYDROUS AMMONIA RELEASED WAS APPROXIMATELY NINE TIMES THE CERCLA RQ.

Defendants (1)

• COUNTRY HOME BAKERY OF MICHIGANNamed in complaintNamed in settlement

Facilities (1)

• SANDERS COUNTRY HOME BAKERY

  100 OAKMAN BLVD, HIGHLAND PARK, MI, 48203

  Registry ID: 110003693511

Statutes cited

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

Enforcement conclusions (1)

• COUNTRY HOME BAKERY OF MICHIGANentered 1996-12-03

  Primary law: EPCRA

  Federal penalty: $22,275

Timeline (4 milestones)

• 1995-06-07Enforcement Action Data Entered
• 1995-08-01Complaint Filed/Proposed Order
• 1996-12-03Final Order Issued
• 1997-01-13Enforcement Action Closed