EPA v. Cherry Growers, Inc.

Case summary

On July 13, 2002 Cherry Growers. Inc., had a release of anhydrous ammonia inside of a building. The local fire department mitigated the release with 150,000 gallons of water. The water mixed with the anhydroius ammonia to form ammonium hydroxide. The facility failed to notify the National Response Center and the State Emergency Response Commission on July 15, 2002. The facility also filed to file the written follow-up report to the SERC and the LEPC. The facility also failed to submit to the SERC, the lepc the completed TIER II form for the 1999-2001 calendar years by the March 1 deadline.

Defendants (1)

• Cherry Growers, Inc.Named in complaintNamed in settlement

Facilities (1)

• CHERRY GROWERS, INC.

  9440 SOUTH CENTER HIGHWAY, TRAVERSE CITY, MI, 496849557

  Registry ID: 110014419815

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 304 — Emergency Release Notification Section 313 Program

Enforcement conclusions (1)

• Cherry Growers, Inc.entered 2003-09-19

  Primary law: EPCRA

  Federal penalty: $45,000 · SEP: $10,325

Timeline (4 milestones)

• 2003-09-19Complaint Filed/Proposed Order
• 2003-09-19Final Order Issued
• 2003-10-01Enforcement Action Data Entered
• 2005-06-16Enforcement Action Closed