EPA v. Cloverdale Foods Company

Case summary

Respondent is required to file an annual Tier II inventory report for hazardous chemicals stored in excess of established thresholds. These thresholds are codified at 40 C.F .R. ? 3 70.20(b ). Respondent was required to submit its Tier II form for reporting year 2015 on or before March 1, 2016, under section 312 of EPCRA, 42 U.S.C. ? 11022, and the regulations at 40 C.F.R.section 370. For reporting year 2015, Respondent stored sulfuric acid at Respondent's facility in an amount equal to or in excess of the threshold quantity. Respondent failed to include sulfuric acid in its Tier II form for reporting year 2015 as required by section 312 of EPCRA, 42 U.S.C. ? 11022. For reporting year 2015, Respondent stored sodium hydroxide at Respondent's facility in an amount equal to or in excess of the threshold quantity. Respondent failed to include sodium hydroxide in its Tier II form for reporting year 2015, as required by section 312 of EPCRA, 42 u.s.c. ? 11022. By failing to include sulfuric acid and sodium hydroxide in its Tier II form for the reporting year 2015, Respondent violated section 312 ofEPCRA, 42 U.S.C. ? 11022.

Defendants (1)

• Cloverdale Foods CompanyNamed in complaintNamed in settlement

Facilities (1)

• CLOVERDALE FOODS COMPANY

  3015 34TH STREET NORTHWEST, MANDAN, ND, 58554-1312

  Registry ID: 110000547025

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms

Enforcement conclusions (1)

• Cloverdale Foods Companyentered 2017-11-07

  Primary law: EPCRA

  Federal penalty: $5,000

Timeline (4 milestones)

• 2017-11-07Final Order Issued
• 2017-11-07Complaint Filed/Proposed Order
• 2018-03-22Enforcement Action Data Entered
• 2019-07-12Enforcement Action Closed