Respondent owns and operates a facility which is used to produce, bottle, and chill apple juice and cider prior to distribution. Respondent owns and operates a second facility (“West Facility” ), which is also used to produce, bottle, and chill apple juice and cider prior to distribution. The East Facility and West Facility are sometimes hereinafter collectively referred to as “Facilities.”
On September 29, 2021, EPA performed an inspection of the East Facility to evaluate compliance with Section 103 of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), EPCRA Sections 304-312 and CAA Section 112(r), (the ” East Facility Inspection”). Based upon the information gathered during the East Facility Inspection and subsequent investigation, EPA alleges that Respondent violated certain provisions of EPCRA and the CAA at the East Facility.
On September 28, 2021, EPA performed an inspection of the West Facility to evaluate compliance with CERCLA Section 103, EPCRA Sections 304-312, and CAA Section 112(r) (the ” West Facility Inspection”).
Based upon the information gathered during the West Facility Inspection and subsequent investigation, EPA alleges that Respondent violated certain provisions of EPCRA and the CAA at the West Facility.
At all times relevant to this CA/FO, over 500 pounds of anhydrous ammonia were present at both the East Facility and the West Facility.
At all times relevant to this CA/FO, Respondent has produced, processed, handled, or stored a regulated substance, anhydrous ammonia, within the meaning of CAA Section 112(r)(1) at both the East Facility and the West Facility.
ALLEGED VIOLATIONS OF LAW