EPA v. ZOLL FOODS CORPORATION

Case summary

ON AUGUST 22, 1998, ZOLL FOODS CORPORATION HAD A RELEASE OF 1,100 POUNDS OF ANHYDROUA AMMONIA INTO THE ATMOSPHERE THROUGH A PRESSURE RELIEF VALVE. THE FACILITY REPORTED IT TO THE NATIONAL RESPONSE CENTER ON AUGUST 25, 1998. THREE DAYS LATE AND 11 TIMES THE REPORTABLE QUANTITY. THE ILLINOIS EMERGENCY MANAGEMENT AGENCY WILL BE PURSUING THE EPCRA VIOLATIONS. FAILURE TO NOTIFY THE NATIONAL RESPONSE CENTER AS SOON AS RESPONDENT HAD KNOWLEDGE OF A RELEASE OF A HAZARDOUS SUB- STANCE (ANHYDROUS AMMONIA); AND CERCLA 109 ASSESSMENT OF PENALTIES. ALTERNATIVE DISPUTE RESOLUTION WAS USED IN THIS CASE TO REACH AN EARLY SETTLEMENT. ON SEPTEMBER 22, 1999, THE AGENCY AND THE RESPONDENT REACHED A SETTLEMENT IN PRINCIPLE. ON JUNE 17, 1999, U.S. EPA FILED AN ADMINISTRATIVE COMPLAINT AGAINST ZOLL FOODS CORPORATION (SUBSIDIARY OF CONAGRA, INC.) FOR FAILURE TO IMMEDIATELY NOTIFY THE NATIONAL RESPONSE CENTER OF THE AUGUST 22, 1998 ANHYDROUS AMMONIA RELEASE. THE ILLINOIS STATE EMERGENCY RESPONSE COMMISSION ALONG WITH THE ILLINOIS ATTORNEY GENERALS OFFICE WILL PURSUE THE EPCRA VIOLATIONS. ALTERNATIVE DISPUTE RESOLUTION WAS USED IN THIS CASE TO REACH AN EARLY SETTLEMENT. ON SEPTEMBER 22, 1999, THE AGENCY AND THE RESPONDENT REACHED A SETTLEMENT IN PRIN- CIPLE.

Defendants (1)

• ZOLL FOODS CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• RUPARI FOOD SERVICES INC.

  15600 SOUTH WENTWORTH AVENUE, SOUTH HOLLAND, IL, 60473

  Registry ID: 110000551590

• RUPARI FOOD SERVICES INC.

  15600 SOUTH WENTWORTH AVENUE, SOUTH HOLLAND, IL, 60473

  Registry ID: 110000551590

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• ZOLL FOODS CORPORATIONentered 2000-02-07

  Primary law: CERCLA

  Federal penalty: $14,000

Timeline (4 milestones)

• 1999-01-21Enforcement Action Data Entered
• 1999-06-17Complaint Filed/Proposed Order
• 2000-02-07Final Order Issued
• 2000-03-15Enforcement Action Closed