EPA v. ELGIN DAIRY FOODS, INC.

Case summary

EPCRA ADMINISTRATIVE CASE EPCRA SECTION 312 INITIATIVE. IMPACT: ON AUGUST 21, 1997, THE REGIONAL ADMINISTRATOR EXEC UTED A CONSENT AGREEMENT AND CONSENT ORDER WHICH WAS FILED O N AUGUST 26 WITH AN EPCRA ADMINISTRATIVE COMPLAINT AGAINST R ESPONDENT, ELGIN DAIRY FOODS INC., OF CHICAGO, ILLINOIS. TH E CONSENT AGREEMENT AND CONSENT ORDER PROVIDES FOR PAYMENT O F $2,000 CIVIL PENALTY BY RESPONDENT FOR VIOLATIONS OF SECTI ON SECTION 312 OF EPCRA, 42 U.S.C.  11022. BACKGROUND: ON JULY 1, 1997, REGION 5 SENT ELGIN DAIRY, INC . A PRE-FILING NOTICE LETTER INCLUDING EPA'S INTENT TO BRING PROCEEDINGS AGAINST ELGIN DAIRY, INC. FOR VIOLATIONS OF SECT ION 312 OF EPCRA, 42 U.S.C.  11022. THIS LETTER OFFERED EL GIN DAIRY, INC. AN OPPORTUNITY TO PARTICIPATE IN A NATIONAL EPCRA SECTION 312 ENFORCEMENT AGREEMENT DIRECTED TOWARD INDU STRIES INCLUDING THOS IN ELGIN DAIRY, INC.'S STANDARD INDUST RIAL CLASSIFICATION. THIS AGREEMENT REQUIRES FACILITIES TO SUBMIT COMPLETE CHEMICAL INVENTORY FORMS AS REQUIRED BY EPCR A. IN EXCHANGE, PARTICIPATING FACILITIES MUST PAY A PENALTY OF $2,000. THIS SIGNED CACO EMBODYING THIS AGREEMENT WAS FI LED TOGETHER WITH A COMPLAINT FOR THE VIOLATIONS ALLEGED. C OUNT I ALLEGES THAT RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR THE 1994 CALENDAR YEAR BY MARCH 1, 1995, TO THE STATE EMERGENCY RESPO NSE COMMISSION, IN VIOLATION OF SECTION 312 OF EPCRA, 42 U.S .C. 11022. COUNT II ALLEGES THAT RESPONDENT FAILED TO SUBM IT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FO RM FOR THE 1994 CALENDAR YEAR BY MARCH 1, 1995, TO THE LOCAL EMERGENCY PLANNING COMMITTEE, IN VIOLATION OF SECTION 312 OF EPCRA, 42 U.S.C.  11022.

Defendants (1)

• ELGIN DAIRY FOODS, INC.Named in complaintNamed in settlement

Facilities (1)

• ELGIN DAIRY FOODS INC

  3707 W HARRISON ST, CHICAGO, IL, 60624

  Registry ID: 110010723556

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms

Enforcement conclusions (1)

• ELGIN DAIRY FOODS, INC.entered 1997-08-26

  Primary law: EPCRA

  Federal penalty: $2,000

Timeline (4 milestones)

• 1997-01-30Enforcement Action Data Entered
• 1997-08-25Complaint Filed/Proposed Order
• 1997-08-26Final Order Issued
• 1997-09-15Enforcement Action Closed