EPA v. Michael Angelo's Gourmet Foods

Case summary

On April 24, 2014, EPA Region 6 issued a Consent Agreement and Final Order (CAFO) under its authority pursuant to the Clean Air Act to Michael Angelo's Gourmet Foods Inc. The CAFO was issued in response to violations of Section 112(r)(1) of the Clean Air Act. The CAFO requires company to pay an assessed penalty of $32,004 in six equal monthly payments beginning 30 days after the effective date of the CAFO. Pursuant to section 112(r)(l) of the CAA, 42 U.S.C. § 7412(r)(1), an owner/operator of a stationary source producing, processing, handling or storing substances listed pursuant to section 112(r)(3) of the CAA, 42 U.S.C. § 7412(r)(3), or any other extremely hazardous substance, has a general duty to: (1) identify hazards which may result from accidental releases of such substances using appropriate hazard assessment techniques; (2) design and maintain a safe facility, taking such steps as are necessary to prevent releases; and (3) minimize the consequences of accidental releases that do occur.

Defendants (1)

• Michael Angelo's Gourmet Foods, IncNamed in complaintNamed in settlement

Facilities (1)

• MICHAEL ANGELO'S GOURMET FOOD, INC.

  200 MICHAEL ANGELO WAY, AUSTIN, TX, 78728

  Registry ID: 110000906761

Statutes cited

• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• Michael Angelo's Gourmet Foodsentered 2014-04-24

  Primary law: CAA

  Federal penalty: $32,004

Timeline (4 milestones)

• 2014-04-24Complaint Filed/Proposed Order
• 2014-04-24Final Order Issued
• 2014-06-13Enforcement Action Data Entered
• 2014-09-30Enforcement Action Closed