# KROGER MEMPHIS DISTRIBUTION CENTER
> **Administrative - Formal** · FY2023 · — · Final Order With Penalty
## Case
- **Activity ID:** `3603978725`
- **Case Number:** 04-2023-0209
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** —
## Defendants
- KROGER MEMPHIS DISTRIBUTION CENTER (complaint) (settlement)
## Summary

4/18/2024 - EXPEDITED SETTLEMENT AGREEMENT ISSUED ASSESSING A PENALTY OF $3,300. PENALTY DUE WITHIN 15 DAYS UPON RECEIPT OF THE EXECUTED ESA.

ALLEGED VIOLATIONS: 
BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY LOCATED AT 5079 BLEDSOE STREET, MEMPHIS, TENNESSEE, ON OCTOBER 25, 2022, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S SECTION I 12(R)(7), CHEMICAL ACCIDENT PREVENTION PROVISIONS, 42 U.S.C. ? 7412(R)(7), WHEN AT THE TIME OF INSPECTION, RESPONDENT DID NOT PROVIDE EVIDENCE THAT:
-- IT DOCUMENTED THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 C.F.R. ? 68.65(D)(2).
- IT CERTIFIED ANNUALLY THAT OPERATING PROCEDURES ARE CURRENT AND ACCURATE, AS REQUIRED BY 40 C.F.R. ? 68.69(C), BECAUSE FACILITY REPRESENTATIVES COULD NOT PRODUCE DOCUMENTATION OF CERTIFICATION OF OPERATING PROCEDURES FOR 2020 AND 2021.
- IT PREPARED A RECORD WHICH CONTAINS THE IDENTITY OF THE EMPLOYEE, THE DATE OF TRAINING, AND THE MEANS USED TO VERIFY THAT THE EMPLOYEE UNDERSTOOD THE TRAINING, AS REQUIRED BY 40 C.F.R. ? 68.7L(C), BECAUSE FACILITY REPRESENTATIVES TOLD THE INSPECTION TEAM THAT THEY PERFORM ON-THE-JOB TRAINING (OJT) WITH NEW EMPLOYEES AS INITIAL TRAINING; HOWEVER, FACILITY REPRESENTATIVES COULD NOT PRODUCE ANY DOCUMENTATION OF THE OJT.

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