Food Processing Company Pays $183,000 Fine

According to the weekly activity report from the Environmental Protection Agency (EPA), Region 5, “On January 10, 2011, the Regional Administrator, EPA Region 5, signed a Consent Agreement and Final Order commencing and concluding a matter under EPCRA Sections 311 and 312 pursuant to which (the company) agrees to pay a civil penalty of $183,431.”

The release goes on to say, “The final order alleges violations of EPCRA Section 311 based on the (company’s) failure to timely file Material Safety Data Sheets (MSDSs) for nitric acid, gasoline, diesel, liquid nitrogen, lead, and propylene glycol to the State Emergency Response Commission (SERC), Local Emergency Planning Commission (LEPC), and local fire department.  The final order also alleges violations of EPCRA Section 312 based on failure to timely file Hazardous Chemical Inventory Forms (Tier IIs) to the SERC, LEPC, and local fire department for calendar years 2006, 2007, and 2008 by the annual March 1 reporting deadlines.”

The original proposed penalty was $282,201, but because of the company’s “cooperation” and willingness to achieve compliance, EPA reduced the civil penalty to $183,431.

This information should be available on the EPA website, but feel free to contact me (ahahn@dragun.com) and I can send you a copy of the alert I received from the Office of Regional Counsel.

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