EPA v. PRIMERA FOODS CORPORATION

Case summary

FACILITY FAILED TO IMMEDIATELY NOTIFY THE NRC AND SERC OF A RELEASE OF 1,680 POUNDS OF AMMONIA, AND FAILED TO PROVIDE A WRITTEN FOLLOW UP REPORT AS SOON AS PRACTICABLE AFTER THE RELEASE. THE FACILITY HAD A RELEASE OF 1,680 POUNDS OF AMMONIA FROM THE FACILITY ON MAY 2, 1998. AMMONIA IS A CERCLA HAZARDOUS SUBSTANCE AND AN EPCRA EXTREMELY HAZARDOUS SUBSTANCE WITH A 100 POUND REPORTABLE QUANTITY. THE RELEASE WAS 16 TIMES THE RQ. THE RELEASE WAS FROM PRESSURE RELIEF VALVES THAT INTER- MITTENTLY OPENED DUE TO A HIGH PRESSURE SITUATION IN THEIR REFRIGERATION SYSTEM. PRIMERA FAILED TO PROVIDE IMMEDIATE NOTIFICATION TO THE NRC PURSUANT TO CERCLA 103 AND FAILED TO IMMEDIATE NOTICE TO THE MINNESOTA SERC PURSUANT TO EPCRA 304 NOTIFICATION WAS MADE APPROXIMATELY 33 HOURS AFTER THE RELEASE BEGAN.

Defendants (1)

• PRIMERA FOODS CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• PRIMERA FOODS

  4TH ST NE, PERHAM, MN, 56573

  Registry ID: 110007628843

Statutes cited

• EPCRA 304 — Emergency Release Notification Section 313 Program
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• PRIMERA FOODS CORPORATIONentered 1999-12-20

  Primary law: CERCLA

  Federal penalty: $14,000

Timeline (6 milestones)

• 1999-03-19Enforcement Action Data Entered
• 1999-12-20Admin Law Judge Decision
• 1999-12-20Final Order Issued
• 1999-12-20Complaint Filed/Proposed Order
• 1999-12-20Administrative Hearing
• 2000-12-22Enforcement Action Closed