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05-1995-0360Administrative - FormalClosedFY 1995· Region 05

EPA v. BERKSHIRE FOODS, INC.

Final Order With Penalty

Penalty assessed

$12,000

Case summary

THIS COMPLAINT INVOLVES A RELEASE OF ANHYDROUS AMONIA ON FEBRUARY 26, 1994, FROM THE RESPONDENT'S BUSINESS, A WHOLESAALE FOOD BUSINESS. THE VIOLATIONS INVOLVE THE FAILURE TO NOTIFY THE NATIONAL RESPONSE CENTER UNDER CERCLA 103(A), THE STATE EMERGENCY RESPONSE COMMISSION (SERC) UNDER EPCRA, AND THE LOCAL EMERGENCY RESPONSE COMMITTEE (LEPC), AND TO PROVIDE WRITTEN FOLLOWUP NOTICE TO THE SERC AND LEPC AS SOON AS PRACTICABLE AFTER THE RELEASE OCCURRED.

Defendants (1)

  • BERKSHIRE FOODS, INC.Named in complaintNamed in settlement

Facilities (2)

  • BERKSHIRE FOODS INCORPORATED

    4600 S PACKERS AVE, CHICAGO, IL, 606093300

    Registry ID: 110001320721

  • BERKSHIRE FOODS INCORPORATED

    4600 S PACKERS AVE, CHICAGO, IL, 606093300

    Registry ID: 110001320721

Statutes cited

  • EPCRA 304Emergency Release Notification Section 313 Program
  • EPCRA 304CEmerg. Plan. & Commun. Right To Know Act
  • CERCLA 103ANotification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

  • BERKSHIRE FOODS, INC.entered 1997-05-01

    Primary law: CERCLA

    Federal penalty: $12,000

Timeline (4 milestones)

  • 1995-07-31Enforcement Action Data Entered
  • 1996-06-20Complaint Filed/Proposed Order
  • 1997-05-01Final Order Issued
  • 1997-06-04Enforcement Action Closed

Case metadata

EPA activity ID
29341
Case number
05-1995-0360
Lead agency
EPA
HQ division
CER
Branch
SWERB
EPA region
05
Multimedia
No
Voluntary self-disclosure
No
Primary statute
Emergency Release Notification Section 313 Program

Sourced verbatim from EPA ECHO Enforcement Case Report for case 05-1995-0360 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.