# THE KROGER CO. D/B/A HERITAGE FARMS DAIRY
> **Administrative - Formal** · FY2023 · — · Final Order With Penalty
## Case
- **Activity ID:** `3603978698`
- **Case Number:** 04-2023-0204
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** —
## Defendants
- THE KROGER CO. D/B/A HERITAGE FARMS DAIRY (complaint) (settlement)
## Summary

4/11/2024 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $7,309. PENALTY DUE WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS CAFO.

ALLEGED VIOLATIONS: 
BASED ON EPA'S COMPLIANCE MONITORING INVESTIGATION, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 C.F.R. PART 68, THE CODIFIED RULES GOVERNING THE ACT'S CHEMICAL ACCIDENT PREVENTION PROVISIONS AND SECTION 112(R) OF THE ACT, 42 U.S.C. ? 7412(R), WHEN IT:
A. FAILED TO DOCUMENT THAT EQUIPMENT COMPLIES WITH RAGAGEP, AS REQUIRED BY 40 C.F.R. ? 68.65(D)(2);
B. FAILED TO COORDINATE ANNUALLY WITH LOCAL EMERGENCY PLANNING AND RESPONSE ORGANIZATIONS TO ADDRESS CHANGES: AT THE STATIONARY SOURCE; IN THE STATIONARY SOURCE'S EMERGENCY RESPONSE AND/OR EMERGENCY ACTION PLAN; AND/OR IN THE COMMUNITY EMERGENCY RESPONSE PLAN, AS REQUIRED BY 40 C.F.R. ? 68.93(A); AND
C. FAILED TO DOCUMENT COORDINATION WITH LOCAL AUTHORITIES INCLUDING: THE NAMES OF INDIVIDUALS INVOLVED AND THEIR CONTACT INFORMATION; DATES OF COORDINATION ACTIVITIES; AND NATURE OF COORDINATION ACTIVITIES, AS REQUIRED BY 40 C.F.R. ? 68.93(C).

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*