EPA v. ROUTH, J.H. PACKING COMPANY

Case summary

ON OCTOBER 12, 1999, AT 4:45 P.M., THE FACILITY HAD A 1,600 POUND RELEASE OF ANHYDROUS AMMONIA INSIDE OF A BUILDING. AT 5:45 P.M. THE REFRIGERATION SYSTEM WAS SHUT DOWN AND THE DOORS WERE OPENED AND THE ANHYDROUS AMMONIA WAS ALLOWED INTO THE ATMOSPHERE. AT 11:00 P.M. A TRUCK CARRYING ANHYDROUS AMMONIA WAS CONNECTED TO THE SYSTEM TO RECHARGE THE SYSTEM. TO RECHARGE THE SYSTEM IT TOOK ABOUT 1.5 HOURS AND 1,600 POUNDS OF ANHYDROUS AMMONIA. THE FACILITY CALLED THE NATIONAL RESPONSE CENTER ON OCTOBER 13, 1999, AT 8:55 A.M., OR ABOUT 5.5 HOURS AFTER THE FACILITY HAD ACTUAL KNOWLEDGE OF EXCEEDING THE REPORTABLE QUANTITY OF 100 POUNDS. THE FACILITY WAS LATE IN NOTIFYING THE STATE EMERGENCY RESPONSE COMMISSION AND THE LOCAL EMERGENCY PLANNING COMMITTEE. THE FACILITY PROVIDED THE WRITTEN FOLLOW-UP REPORTS TO THE SERC AND THE LEPC ON OCTOBER 25, 1999. THE FACILITY HAS NEVER PROVIDED THE EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM TO THE SERC, THE LEPC, OR THE LOCAL FIRE DEPARTMENT. THE U.S. EPA WILL DEFER THE EPCRA VIOLATIONS PENDING THE RESOLUTION OF THE STATE EPCRA ACTION. THE FACILITY HAS 305 EMPLOYEES AND WOULD BE CONSIDERED TO BE A SMALL BUSINESS BY THE SMALL BUSINESS ADMINISTRATION. ON OCTOBER 12, 1999, AT 4:45 PM, J. H. ROUTH PACKING COM- PANY HAD A 1,600 POUND RELEASE OF ANHYDROUS7 AMMONIA. THIS RELEASE WAS 16 TIMES GREATER THAN THE REPORTABLE QUANTITY ESTABLISHED UNDER CERCLA. THE RESPONDENT NOTIFIED THE NAT- IONAL RESPONSE CENTER, THE STATE EMERGENCY RESPONSE COMMISSION, AND THE LOCAL EMERGENCY PLANNING COMMITTEE ABOUT 16 HOURS AFTER THE INCIDENT. ADDITIONALLY THE RES- PONDENT FAILED TO SUBMIT THE EMERGENCY AND HAZARDOUS CHEM- ICAL INVENTORY FORM TO THE SERC, THE LEPC AND THE LOCAL FIRE DEPARTMENT FOR CALENDAR YEARS 1996-1998, BY THE MARCH 1 DEADLINE.

Defendants (1)

• ROUTH, J.H. PACKING COMPANYNamed in complaintNamed in settlement

Facilities (1)

• ROUTH, J.H.

  905 PIERCE ST, SANDUSKY, OH, 44870

  Registry ID: 110010580601

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• ROUTH, J. H.entered 2001-03-30

  Primary law: CERCLA

  Federal penalty: $21,369

Timeline (4 milestones)

• 2000-04-11Enforcement Action Data Entered
• 2000-09-29Complaint Filed/Proposed Order
• 2001-03-30Final Order Issued
• 2001-05-04Enforcement Action Closed