EPA v. Dole Packaged Foods

Case summary

This is an administrative penalty action pursuant to Section 304 of EPCRA, Section 103 of CERCLA, and Section 112(r)(7) of the CAA issued to Dole Packaged Foods, LLC. The violations involve a release of ammonia on July 18, 2006, and the Respondent's failure to immediately report the release to the NRC, the LEPC, and the SERC, as well as failure to prepare standard operating procedures as required under Section 112(r)(7) of the CAA. The Complaint / Consent Agreement establishes that Respondent will pay a penalty of $86,930 and in addition Respondent will perform a two part Supplemental Environmental Project (SEP) to provide compliance promotion and equipment with a project value totaling $50,800. Accordingly, the total dollar value of the SEP and penalty together is $137,730.

Defendants (1)

• Dole Packaged Foods LLCNamed in complaintNamed in settlement

Facilities (1)

• DOLE PACKAGED FOOD (AND J.R. WOOD INCORPORATED)

  7916 WEST BELLEVUE ROAD, ATWATER, CA, 95301

  Registry ID: 110000525325

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 304 — Emergency Release Notification Section 313 Program

Enforcement conclusions (1)

• Dole Packaged Foodsentered 2007-09-26

  Primary law: EPCRA

  Federal penalty: $86,930 · SEP: $65,000

Timeline (3 milestones)

• 2007-09-26Complaint Filed/Proposed Order
• 2007-09-26Final Order Issued
• 2007-10-11Enforcement Action Data Entered