EPA v. Rainbow Glacier

Case summary

Rainbow Glacier manufactures frozen popsicles in Vancouver, Washington. In June 2002 the facility released about 1200 pounds of ammonia in excess of the reportable quantity of 100 pounds. Ammonia is a hazardous substance and an extremely hazardous substance under CERCLA. Respondent failed to immediately notify the National Response Center of the release as required by section 103(a) of CERCLA. Respondent failed to immediately notify the state emergency response commission and the local emergency response committee of the release, as required by sections 304(a) and (b) of EPCRA. Respondent failed to provide written followup notifications of the release to the SERC and the LEPC as soon as practicable under section 304(c) of EPCRA. And respondent failed to file reports required for its storage of ammonia in 2001 with the SERC, LEPC, and the local fire department as required by section 312 of EPCRA. EPA is pursuing the assessment of penalties for these violations. Proposed penalty: $118,55

Defendants (1)

• Rainbow GlacierNamed in complaintNamed in settlement

Facilities (1)

• RAINBOW GLACIER

  1700 W 20TH ST, VANCOUVER, WA, 98660

  Registry ID: 110016660380

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 311 — Material Safety Data Sheets (MSDS)
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 304 — Emergency Release Notification Section 313 Program

Enforcement conclusions (1)

• Rainbow Glacierentered 2003-10-03

  Primary law: EPCRA

  Federal penalty: $9,851 · SEP: $18,565

Timeline (4 milestones)

• 2003-07-08Enforcement Action Data Entered
• 2003-10-03Complaint Filed/Proposed Order
• 2003-10-03Final Order Issued
• 2004-01-15Enforcement Action Closed