EPA v. Dovex Fruit Company

Case summary

On September 25, Region 10 settled with Dovex Fruit Company (Dovex) a fresh fruit and vegetable processing facility for violations of the Clean Air Act (CAA) § 112(r) risk management program (RMP) requirements located in Wenatchee, Washington. The Region alleged that Dovex failed to comply with several risk management program requirements in maintaining process equipment that apply to its use of anhydrous ammonia since August 5, 2008. The facility utilizes more than 10,000 pounds of anhydrous ammonia. The facilities using anhydrous ammonia as a refrigerant are responsible in maintaining their process equipment to prevent or minimize an ammonia release from impacting the public and environment offsite. Dovex sold the facility to Stemilt Growers on March 3, 2010. The violations have since been corrected by Dovex. Under the terms of the Consent Agreement and Final Order, Dovex will pay a payment of a penalty of $134,613. Dovex has a history of non-compliance and was fined $98,241 on September 18, 2008 for failure to submit an RMP from at least August 3, 2003.

Defendants (1)

• Dovex Fruit CompanyNamed in complaintNamed in settlement

Facilities (1)

• DOVEX FRUIT OLDS STATION 1 AND 2

  2809 & 2833 EUCLID AVE, WENATCHEE, WA, 98801

  Registry ID: 110015499012

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• Dovex Fruit Companyentered 2012-09-25

  Primary law: CAA

  Federal penalty: $134,613

Timeline (4 milestones)

• 2012-08-29Enforcement Action Data Entered
• 2012-09-25Final Order Issued
• 2012-09-25Complaint Filed/Proposed Order
• 2016-11-25Enforcement Action Closed