EPA v. JOHN MORRELL & CO

Case summary

ON OCTOBER 22, 2000, JOHN MORRELL AND COMPANY, SPRINGDALE, OHIO HAD A 3,000 POUND GASEOUS RELEASE OF ANHYDROUS AMMONIA. THE RELEASE WAS INSIDE THE BUILDING, AND IT WAS VENTILATED TO THE ATMOSPHERE THROUGH THE VENTILATION SYSTEM. THE FACI- LITY EVACUATED THEIR EMPLOYEES. ANHYDROUS AMMONIA IS A HAZARDOUS SUBSTANCE UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT WITH A REPORTABLE QUANTITY OF 100 POUNDS. THIS RELEASE IS ABOUT 30 TIMES THE RQ AND NOTIFICATION TO THE NATIONAL RESPONSE CENTER WAS OVER FOUR HOURS AFTER THE INCIDENT OCCURRED. THE IMMEDIATE NOTI- FICATION TO THE STATE EMERGENCY RESPONSE COMMISSION WAS OVER 21 HOURS AFTER THE INCIDENT AND THE LOCAL EMERGENCY PLANNING COMMITTEE WAS NEVER IMMEDIATELY NOTIFIED. THE WRITTEN FOLLOW-UP REPORT WAS SUBMITTED TO THE SERC ON DECEMBER 13, 2000 AND ON NOVEMBER 1, 2000 TO THE LEPC. THE FACILITY IS IN COMPLIANCE WITH EPCRA SECTION 312.

Defendants (1)

• JOHN MORRELL & CO.Named in settlement

Facilities (1)

• MORRELL, JOHN AND CO

  801 E KEMPER RD, SPRINGDALE, OH, 45246

  Registry ID: 110010598166

Statutes cited

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

Enforcement conclusions (1)

• JOHN MORRELL & COentered 2002-01-16

  Primary law: EPCRA

  Federal penalty: $20,811

Timeline (3 milestones)

• 2001-03-19Complaint Filed/Proposed Order
• 2001-05-08Enforcement Action Data Entered
• 2002-01-16Final Order Issued