EPA v. FOSTER DAIRY FARMS

Case summary

THIS IS A JUDICIAL ACTION IN WHICH EPA SEEKS PENALTIES AND INJUNCTIVE RELIEF AGAINST FOSTER DAIRY FARMS FOR VIOLATIONS OF EPCRA AND ITS REGULATIONS. FOSTER DAIRY FARMS OWNS SEVERAL DAIRY FACILITIES IN THE FRESNO AND MODESTO AREAS OF CALIFORNIA. THESE FACILITIES RELEASE A NUMBER OF TOXIC RELEASE INVENTORY CHEMICALS, INCLUDING AMMONIA, NITRIC ACID, AND PHOSPHORIC ACID. THESE CHEMICALS OCCUR IN QUANTITIES ABOVE THE REPORTING THRESHOLD LIMITS. ALTHOUGH FOSTER FARMS HAS BEEN IN CONTINUOUS COMMERCIAL OPERATION FOR MANY YEARS, NO FOSTER FARMS FACILITY HAD EVER FILED AN EPCRA FORM R UNTIL AFTER EPA BEGAN ITS INVESTIGATION IN 1997.

Defendants (1)

• FOSTER DAIRY FARMSNamed in complaintNamed in settlement

Facilities (4)

• FOSTER DAIRY FARMS INCORPORATED

  415 KANSAS AVENUE, MODESTO, CA, 95351

  Registry ID: 110000485234

• FOSTER FARMS DIARY

  3380 W. ASHLAN, FRESNO, CA, 93722

  Registry ID: 110000482228

• FOSTER FARMS DAIRY

  1707 MCHENRY AVE., MODESTO, CA, 95350

  Registry ID: 110000485225

• FOSTER DAIRY FARMS INCORPORATED

  415 KANSAS AVENUE, MODESTO, CA, 95351

  Registry ID: 110000485234

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• FOSTER DAIRY FARMSentered 2001-12-17

  Primary law: EPCRA

  Federal penalty: $225,000

Timeline (7 milestones)

• 1998-12-03Referred To Dept Of Justice
• 1999-06-16Enforcement Action Data Entered
• 2001-12-17Final Order Lodged
• 2001-12-17Final Order Entered
• 2001-12-17Complaint Filed With Court
• 2001-12-17Concluded
• 2002-02-15Enforcement Action Closed