EPA v. Foster Poultry Farms

Case summary

On March 16, 2018, Region 10 filed a Consent Agreement and Final Order that resolves two violations of EPCRA 313 by Foster Poultry Farms at its facility in Kelso, Washington. EPA alleged that Foster Poultry Farms used the toxic chemical, peracetic acid, in quantities exceeding the annual reporting threshold during calendar years 2013 and 2014, and failed to report the chemical to the Toxics Release Inventory (TRI) by the annual reporting date each year. The failure to report deprived the public of timely and accurate data stating the presence of the chemical in the community, and certifying to the public that annual releases were less than 500 pounds annually to air, land and water combined through the filing of an �alternate certification� to TRI. The company has returned to compliance and agreed to pay a $45,752 penalty.

Defendants (1)

• Foster Poultry FarmsNamed in complaintNamed in settlement

Facilities (1)

• FOSTER FARMS KELSO

  1700 S 13TH AVE, KELSO, WA, 98626

  Registry ID: 110000490834

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Foster Poultry Farmsentered 2018-03-16

  Primary law: EPCRA

  Federal penalty: $45,752

Timeline (3 milestones)

• 2018-02-12Enforcement Action Data Entered
• 2018-03-16Complaint Filed/Proposed Order
• 2018-03-16Final Order Issued