EPA v. Newstar Fresh Foods

Case summary

This is a zero-penalty APO pursuant to ECPRA Sections 311 and 312 issued to Newstar Fresh Foods, LLC and relating to a self-audit under the Audit Policy. The violations involve failure to provide Material Safety Data Sheets (MSDS) to the SERC and LEPC as required under EPCRA Section 311 and failure to provide annual chemical inventory information for reporting years 2001 and 2002 to the SERC, LEPC and Fire Department. These violations were self-disclosed and all criteria under the audit policy were met for 100% mitigation of the gravity portion of the penalty. Economic benefit was calculated as approximately $832, significantly less than $5,000. No penalty for economic benefit was assessed. Total penalty assessed = $0.

Defendants (1)

• Newstar Fresh Foods LLCNamed in complaintNamed in settlement

Facilities (1)

• NEWSTAR FRESH FOODS

  4101 AVENUE 3 1/4 E, YUMA, AZ, 85365

  Registry ID: 110012760538

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 311 — Material Safety Data Sheets (MSDS)

Enforcement conclusions (1)

• Newstar Fresh Foodsentered 2005-09-01

  Primary law: EPCRA

Timeline (4 milestones)

• 2005-09-01Enforcement Action Closed
• 2005-09-01Complaint Filed/Proposed Order
• 2005-09-01Final Order Issued
• 2005-10-12Enforcement Action Data Entered