EPA v. US Foods, Inc. (Fairfield OH) CAFO

Case summary

This is an administrative action commenced under Section 109(b) of CERCLA and Section 325(b) of EPCRA. Respondent is US Foods, Inc., a Delaware corporation doing business in the state of Ohio, On November 16, 2013, an accidental release of 1,677 pounds of anhydrous ammonia occurred at about 10:00 a.m. at Respondent's facility. Respondent had knowledge of the release on November 16, 2013 at approximately 10:00 a.m. Respondent notified the NRC on November 18, 2013 at 10:30 a.m. and failed to notify the NRC immediately of the release. Respondent notified the Ohio SERC of the release on November 16, 2013 at 3:00 p.m., and did not immediately notify the SERC which is a violation of Section 304(a) of EPCRA. As of March 19, 2014, Respondent had not notified the LEPC of the release, which is a violation of Section 304(a) of EPCRA. As of March 19, 2014, Respondent had not provided follow-up written emergency notice of the release to the SERC, which is a violation of Section 304(c) of EPCRA. As of March 19, 2014, Respondent had not provided written follow-up emergency notice of the release to the LEPC, which is a violation of Section 304 (c) of EPCRA. USEPA Region 5 and the Respondent entered into this CAFO. Within 30 days after the effective date of this CAFO, Respondent must pay a $3,000 civil penalty for the CERCLA violation. Within 30 days after the effective date of this CAFO, Respondent must pay a $34,500 civil penalty for the EPCRA violations. Respondent must also complete a Supplemental Environmental Project (SEP) designed to protect the environment or public health by spending at least $70,825 for equipment for the Seabrook Fire Department as outlined in this CAFO and spend at least $69,800 for the Flowood Fire Department as outlined in this CAFO, with a total expenditure of $140,625.00, within 90 days of the effective date of this CAFO.

Defendants (1)

• US Foods, Inc., Fairfield OhioNamed in complaintNamed in settlement

Facilities (1)

• US FOODS

  4235 THUNDERBIRD LANE, FAIRFIELD, OH, 45014

  Registry ID: 110056395538

Statutes cited

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

Enforcement conclusions (1)

• US Foods, Inc. (Fairfield OH) CAFOentered 2015-07-24

  Primary law: CERCLA

  Federal penalty: $37,500 · SEP: $140,625

Timeline (6 milestones)

• 2015-07-24Final Order Issued
• 2015-07-24Complaint Filed/Proposed Order
• 2015-07-28Enforcement Action Data Entered
• 2015-08-17Demand for Stipulated Penalties
• 2016-01-25Enforcement Action Closed
• 2016-01-25Pipeline Closed