EPA v. DOLLY MADISON(ROCKY MOUNTAIN DAIRY)

Case summary

THIS REFERRALCONCERNS AN ANHYDROUS AMMONIA RELEASE ON 7/28/96. THE DENVER FIRE DEPARTMENT RESPONDED AND FOUND A LEAK AT THE PLANT. EPA ISSUED A CERCLA 104E INFORMATION REQUEST ON 11/26/96. ON 2/20/97, EPA SENT A SECOND CERCLA 104E INFORMATION RE- QUEST LETTER. THE PURPOSE OF THIS WAS TO PROVIDE THE DE- FENDANT WITH AN OPPORTUNITY TO EXPLAIN ITS PRIOR INCONSIS- TENTSTATEMENTS REGARDING THE AMOUNT OF AMMONIA RELEASES ON 7/28/96. THE DEFENDANT'S RESPONSE TO THE SECOND CERCLA 104E REQUEST FOR INFORMATION WAS WOEFULLY INADEQUATE AND EVASIVE. THE DEFENDANT'S CONDUCT REQUIRES A RESPONSE BY THE U.S. IT IS CRUCIAL THAT EPA MAINTAIN ITS ABILITY TO OBTAIN ESSEN- TIAL INFORMATION FROM REGULATED ENTITIES BY ISSUING THE RE- 104E REQUESTS FOR INFORMATION. DEFENDANT'S CONDUCT HAS BEEN UNREASONABLE IN NOT COMPLYING WITH THE REQUEST. EPA PROPOSES A CIVIL PENALTY OF $20,000.

Defendants (1)

• DOLLY MADISONNamed in complaint

Facilities (1)

• ROCKY MOUNTAIN DAIRY PRODUCTS

  3835 E 48TH AVE, DENVER, CO, 802163202

  Registry ID: 110010731609

Statutes cited

• CERCLA 104A — CERCLA 104(a)

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: CERCLA

Timeline (5 milestones)

• 1997-09-30Referred To Dept Of Justice
• 1997-09-30Complaint Filed With Court
• 1997-10-16Enforcement Action Data Entered
• 2000-09-12Concluded
• 2000-09-12Enforcement Action Closed