EPA v. PEPSI COLA GENERAL BOTTLERS, INC.

Case summary

FACILITY FAILED TO IMMEDIATELY NOTIFY THE NRC, SERC, AND LEPC OF A RELEASE OF 38,030 POUNDS OF FERRIC SULFATE. ON SEPTEMBER 23, 1998 THERE WAS A RELEASE OF 38,050 POUNDS OF FERRIC SULFATE AT THIS FACILITY. THE RELEASE OCCURRED WHEN A FORK LIFT DRIVER ACCIDENTALLY HIT THE SUPPLY LINE TO A FERRIC SULFATE TANK, CAUSING THE RELEASE ON FERRIC SULFATE ONTO ASPHALT, THAT THEN MIGRATED TO A STORM SEWER AND INTO A TRIBUTARY OF MILL CREEK. PEPSI DID NOT REPORT THE RELEASE TO THE NRC, SERC, AND LEPC UNTIL APPROXIMATELY 50 HOURS AFTER THE RELEASE.

Defendants (1)

• PEPSI COLA GENERAL BOTTLERS, INC.Named in complaintNamed in settlement

Facilities (1)

• PEPSI COLA GENERAL BOTTLERS OF CINCINNATI INCORPORATED

  2121 SUNNYBROOK DR., CINCINNATI, OH, 45237

  Registry ID: 110000393690

Statutes cited

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

Enforcement conclusions (1)

• PEPSI-COLA GENERAL BOTTLERS, INC.entered 2000-03-13

  Primary law: CERCLA

  Federal penalty: $12,465

Timeline (4 milestones)

• 1999-07-02Enforcement Action Data Entered
• 1999-08-24Complaint Filed/Proposed Order
• 2000-03-13Final Order Issued
• 2000-09-11Enforcement Action Closed