UNITED STATES ENVIRONMENTALPROTECTIONAGENCY
BEFORE THE ENVIRONMENTAL APPEALS 

### BOARD



### IN THE MATTER 

### OF
Saputo Cheese USA Inc. 25 Tn-State International Office Center Suite 

### 250 Lincolnshire, 

### IL 60069 Respondent ) 

## 1 1 1 

## 1 1 ) ---. 1 

# - I

~~~~~~~~~~ x 

## DEC 1 9 2000 

# 1 

# i

Y Docket No. 

### MM-HQ?8%~~$cpm; hnce i>ockf I i “J&L$td:- UI.

CONSENT AGREEMENT


### I. Preliminarv Statement 

### A. Complainant, the United States Environmental Protection Agency (“EPA”), and Saputo Cheese USA Inc., (“Respondent”), having consented to the terms of this Consent Agreement (Agreement), and before the taking of 

### any testimony and without the adjudication 

### of issues 

### of law or fact herein, agree to comply with the terms of 

### this Agreement and attached proposed Final Order hereby incorporated by reference.


### B. In December 1999,pursuant to EPA’s Policy on Incentives for Self-Policing (“Audit Policy”), 60 Fed. Reg. 66,706 (December 22, 1999,Respondent submitted its initial voluntary disclosure to EPA regarding potential violations 

### of the following: 

### 1. Emergency Planning 

### and CommunityRight-to-Know Act (“EPCRA”) $312,42 U.S.C. $1 1022,
2. EPCRA $313,42 U.S.C. $1 1023,
3. Clean Water Act (“CWA”) $31 1,33

### U.S.C. $1321;
4. CWA $301,33 U.S.C. $1311
C. Respondent continued to submit additional, periodic disclosures, resulting in a final list of disclosed violations found in Attachment A, hereby incorporated by reference, which are the subject of this Agreement.
1

### II. Jurisdiction
A



### . Theparties agreeto the commencement and conclusion of

### this cause of action by issuance of this Agreement, 

### as prescribedby EPA’s Consolidated Rules 

### of Practice Governing the AdministrativeAssessment of CivilPenalties,40 C.F.R. 

### Part 22, 

### as amended on July 23, 1999 (64Fed. Reg. 40,138), and more specificallyby 40 C.F.R. §22.18@).


### B. Respondent agrees that Complainant

### has the authorityto bring an administrative action, based upon the facts which Respondent disclosed, for these violations and for the assessment of civil penalties pursuant to EPCRA §325,42

### U.S.C. $11045,CWA §311,33U.S.C. 91321, and 

### CWA §309,33U.S.C. $1319.
C. Respondenthereby waives its right to request ajudicial or administrativehearing on any issue of law or fact set forth 

### in this Agreement and their right 

### to appeal the proposed Final Order accompanying

### this Agreement.


### D. Forpurposes of 

### this proceeding, Respondent admitsthat EPA hasjurisdiction over the subject matter which is the basis ofthis Agreement.
E. Respondentneither admitsnor deniesthe conclusionsof law as set forthin this Agreement.


### III. Statements

### ofFact
A. Respondent, located at 25 Tri-StateInternational Office Center, Suite 250, Lincolnshire, Illinois 60069, is a cheese manufacturing company incorporated

### in the State of Delaware.


### B. Pursuant to EPA’s Audit Policy, Respondenthereby certifies and warrapts as true the facts referencedin 

### this Section, and EPA accepts Respondent’scertification. Respondent specifically certifies to the followingfacts upon which this Agreement is based:
1. the violations were discoveredthrough an audit or through a systematicprocess reflecting due diligence;
2. the violationswere discoveredvoluntarily;
3. the initial violations were disclosedto EPA promptly, within 10days of discovery, and in writing; subsequentdisclosureswere alsoprompt and 

### in writing;
4. the violations were disclosedprior to commencement of 

### an agencyinspection or investigation,notice 

### of a citizen suit, filing

### of a complaint

### by a third party, reporting 

### of the violationsby a “whistleblower” employee, 

### or imminent discoveryby a regulatoryagency; 5.the violations have been corrected and the Respondentis, to thebest of its knowledge and belief, in full compliancewith EPCRA $3 12 and $3 13,
21

. .’


### .

42 U.S.C. $911022 -11023, the CWA $311(j)(l)(C),33 U.S.C. $1321(j)(l)(C), and the CWA $301,33 U.S.C. 51311, and the implementingregulations with respect to the violations set forth 

### in Attachment A to this Agreement;


### 6. appropriate steps have been taken to prevent a recurrence of the violations;
7. Respondent has 

### no knowledge that violations other than those covered in this Agreement (or closely related violations), have occurred within the past three years at the same facilities; nor are the specificviolations that are the subject of this Agreement, part of a pattern of violations by the entities’ parent organizations which have occurred over the past five years; 8. the violations have not resulted in 

### serious actual harm nor presented 

### an imminent and substantial endangerment to human health or the environment 

### and they did not violate the specific terms of anyjudicial or administrative Final Order or Agreement; and
9. Respondent has cooperated as requested by EPA.


### N. Conclusions of Law EPCRA
A. For purposes 

### of

### this Agreement, Respondent 

### is a person 

### as defined in EPCRA $329(7), 42 U.S.C. 

### 0 11049(7), and 

### is the owner or operator of facilities as defined in EPCRA $329(4), 42 U.S.C. $1 1049(4). The location of Respondent’s facilities that are the subject of this Agreement, can be found in Attachment 

### A, hereby incorporated by reference.


### B. Section 312(a) of EPCRA, 42 U.S.C. $1 1022(a),and the regulations found at 40 C.F.R. Part 370, require the owner or operator of a facility which is required to have an MSDS for a hazardous chemical under the Occupational Safety and Health Act of 1979,29 

### U.S.C.A.Section 651 et. seq., 

### (OSH Act), and regulations promulgated under the 

### OSH Act, to prepare and submit an emergency and hazardous chemical inventory form (Tier 

### I or Tier 

### II as described in 40 C.F.R. Part 370) containing the infomation required by those sections to the LEPC, SERC, and to the fire department withjurisdiction over the facilityby March 

### 1,1988 (or March 

### 1of the first year after the facility first becomes subject to the 93 12requirements), and annually thereafter.
C. Attachment A, hereby incorporated by reference, contains both extremely hazardous substances and hazardous chemicals 

### as defined under 53 12 of EPCRA and 40 C.F.R. 5370.2.


### D. As set forth in 40 C.F.R. 5370.20, the reporting threshold amount for all hazardous chemicalspresent at a facility at any one time during the preceding calendar year is ten 

### thousand (1

### 0,000) pounds. The reporting threshold for diesel fuel, therefore, 

### is ten thousand (10,000) pounds. For “extremely hazardous” substancespresent at the facility, the reporting threshold is five hundred (500) pounds or the threshold planning quantity (“TPQ”)as defined in 40 C.F.R. Part 355, whichever is lower. 3

### E. The information supplied 

### by the Respondent in its self-disclosure indicated that for varying lengths of time during reporting years 1995-1997, Respondent had hazardous chemicals andor extremely hazardous substances present at the facilities listed in Attachment A, in excess of threshold amounts.
F. For purposes of this Agreement, Complainant hereby states and alleges that, based on the information supplied by Respondent to EPA, Respondent 

### has violated EPCRA 9312(a), 42 U.S.C. 

### $ 11022(a) and the regulations found at 40 C.F.R. Part 370 at the facilities listed in Attachment 

### A, by failing to prepare and submit emergency and chemical inventory forms to the LEPC, the SERC and the fire department withjurisdiction over each facility identified in Attachment A. 

### G. EPCRA $313, and 40 C.F.R. $$372.22and 372.30, require the owner or operator of a facility to complete and submit a toxic chemical release inventory form 

### (Form R or Form A) to the Administrator ofEPA and to the State 

### in which the subject facility is located by July 1 for the preceding calendar year for each toxic chemical manufactured, processed, or otherwise used in quantities exceeding the established threshold during that preceding calendar year provided the following elements are satisfied:

- 1. 

### 2.

3. The facility has 10 or more full-time employees; and
The facility is a covered Standard Industrial Classification (SIC) code, which is defined 

### as follows: major group 10 (except 101 1, 1081,1094); 12 (except 1241); 20-39; 491 1,493 1,4939 (limited to facilities that combust coal and/or oil for the purpose of generatingpower for distribution 

### in commerce); 4953 (limited to facilities regulated under the Resource Conservation and Recovery Act, Subtitle 

### C, 42 

### U.S.C. Section 6921 et seq.); 5169; 5171; and 7389 (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis); and
The facility manufactured, processed, or otherwise used a toxic chemical listed under EPCRA $313(c) and 40 C.F.R. $372.65, in excess of the threshold quantity established under EPCRA §313(f) and 40 C.F.R. $372.25, during the calendar year. 

### H. As set forth at EPCRA §313(f) and 40 C.F.R.$ 372.25, the reporting threshold amount for a toxic chemical manufactured or processed at a facility is 25,000 pounds for calendar years subsequent to 

### and including 1989. The reporting threshold for a toxic chemical otherwise used at a facility is 10,000 pounds for calendaryears subsequent to and including 1987.


### I. Respondent 

### owns and operates the facilities in the corresponding states, listed in Attachment 

### A. Respondent’s facilities are in a covered SIC Code, 2022.
J. Respondent has, or 

### has had, 10 or more full-time employees at each facility listed in Attachment 

### A.

4

### K. Based on information supplied 

### by the Respondent, Respondent manufactured, processed or otherwise used nitrate acid, phosphoric acid, nitrate compounds, and ammonia in excess 

### of threshold quantities, 

### as specified in Attachment A, hereby incorporated by reference.


### L. Nitric acid, phosphoric acid, nitrate compounds, and ammonia are toxic chemicals listed pursuant to EPCRA 93 13(c) and 40 C.F.R. 9372.65.


### M. Respondent failed to submit 

### a Form 

### R or 

### Form A for years 1995-1998, for nitric acid, phosphoric acid, nitrate compounds, and ammonia, 

### as described in Attachment A, to the Administrator ofEPA and to the States listed in Attachment A, by July lst for the preceding calendar year for each toxic chemical manufactured, processed, or otherwise used in quantities exceeding the established threshold during that preceding calendar year. N. Respondent’s failure to submit a Form R 

### or Form A for the calendar year(s) and toxic chemicals at the facilities listed in Attachment A, hereby incorporated by reference, by July ls* of each following year, is a violation ofEPCRA $3 13, and ofthe requirements of 40 C.F.R. Part 372.


## cWNSPCC
A. For purposes of

### this Agreement, Respondent is a person within the meaning of CWA $31l(a)(7), 33 U.S.C. $1321(a)(7), and 40 C.F.R. $1 12.2, and it is the owner and operator 

### as definedby CWA $311(a)(6), 33 

### U.S.C. $1321(a)(6), and 40 C.F.R. $1 12.2 of four 

### (4)facilities, listed in Attachment A.


### B. The regulations at 40 C.F.R. Part 112, which implement $3110’)(1)(C)

### of the Act, 33 

### U.S.C. tj 1321(j)( l)(C), set forth procedures, methods and requirements to prevent 

### the discharge of oil from 

### non-transportation-related facilities into or upon the navigable waters of the United States and adjoining shorelines in such quantities that by regulation have been determined may be harmful to the public health or welfare or environment ofthe United States by owners or operators who are engaged 

### in drilling, producing, gathering, storing, processing, refining, transferring, distributing 

### or consuming oil or oil products.
C. 40 C.F.R. 91 12.3(a)requires owners and operators of onshore and offshore facilities that have discharged or due to their location, could reasonably be expected to discharge oil in harmful quantities into or upon the navigable waters of the United States or adjoining shorelines, to prepare a Spill Prevention Control and Countermeasure (SPCC) Plan.


### D. Respondent is engaged 

### in storing or consuming oil or oil products for backup generators located at the four 

### (4) facilities, described in Attachment A, in “harmful quantities,” 

### as defined by 40 C.F.R. $ 1 1O(3).


### E. Four 

### (4)of Respondent’s facilities, listed in Attachment A, are onshore facilities 

### within the meaning of $311(a)(10) of the CWA, 33 

### U.S.C. $1321(a)(10) and 40 C.F.R. 

### Part 112,which, due to their location, could reasonably be expected to discharge oil to a navigable water of the United
5States (as defined by $502(7)ofthe CWA, 33 U.S.C. §1362(7),and 

### 40 C.F.R. $1 10.1)or its adjoining shorelinethat may either (1) violate applicablewater quality standards or (2) cause a film or sheen or discoloration ofthe surface of the water or adjoining shorelines or cause a sludge 

### or emulsion to be depositedbeneath the surface ofthe water 

### or upon adjoining shorelines.
F. Based on the above, and pursuant to $3 1l(j)(l)(C) and its implementingregulations, Respondentis subject to the requirements of40 

### C.F.R. Part 112.


### G. For purposes ofthis Agreement, Complainanthereby states and alleges that, based on the information suppliedby Respondentto EPA, Respondent has violated the CWA at four (4) facilitiesidentified in Attachment A, by failingto prepare andorimplement a SPCC Plan, 

### as required by CWA $311(j)(l)(C),33 U.S.C. $1321(j)(l)(C), and the regulations found at 40 C.F.R. $112.
CWA/NPDES/SWPPP 

### A. Section402(a) of the CWA, 33 U.S.C. $1342(a),provides that the Administrator of EPA may issuepermitsunder the National PollutantDischargeElimination System 

### (NPDES) program for the dischargeofpollutantsfkom point sources to waters ofthe United States. Any such dischargeis subjectto the specificterms and conditionsprescribedin the applicablepennit.
B. For purposes ofthis Agreement, Respondent is a person, 

### as defined by $502of the CWA, 33 U.S.C. $1362(5), and40 C.F.R. $122.2.
C. For purposes of this Agreement, Respondent is 

### an owner or operator, 

### as definedby 40 C.F.R. $ 122.2,of the ten (10) facilitieslisted in Attachment

### A.
D. At all relevant times,the facilitieslisted in AttachmentA, arepoint sources subject to dischargesofpollutantswith their storm water, to the receiving waters, which are waters ofthe United States, 

### as definedby $502ofthe CWA, 33 U.S.C. $1362, and 40 C.F.R. $122.2.


### E. Section301(a) of the CWA, 33U.S.C. $131l(a), prohibits the dischargeof anypollutant from apoint source to waters oftheUnited States except in compliancewith, among other things, a 

### NPDES permit issued pursuant to Section402 ofthe CWA, 33 U.S.C. $1342.


### F. Section402(p) of the CWA, 33 U.S.C. §1342(p), and 40 C.F.R. 99122.1 

### and 122.26 provide that facilitiesthat have storm water discharges associatedwith industrial activity are point sources subjectto 

### NPDES permittingrequirementsunder $402(a) 

### ofthe CWA, 33 U.S.C. $1342(a).
G. Under 40 C.F.R. $ 122.26(b)(14),the followingcategoryof facilitiesare among those considered to be engaging in industrial activity forpurposes of $402(p) ofthe CWA, 33 U.S.C. §1342(p), and 40 C.F.R. §122.26@)(14)(viii):Cheese Manufacturingfacilities (SIC Code 2022).

6

### H. Pursuant 

### to §$402(a) and 402(p) ofthe CWA, 33 U.S.C. §$1342(a) & (p), the Wisconsin Department 

### ofNatural Resources, and the 

### South Dakota Department of Environment and Natural Resources, issued General Permits, which authorize storm water discharges associated with industrial activity to waters of the United States (including discharges to or through municipal separate storm sewer systems), but only in accordance with the conditions of the permit. The General Permits require the permittee to, among other things, develop and implement a Storm Water Pollution Prevention Plan (“SWPPP”). A SWPPP sets out measures to reduce and eliminate the discharge of contaminated storm water. 

### I. Respondent’s 

### NPDES permits, andorthe applicable regulatory provisions, 

### as described above, for the facilities listed in Attachment A, include requirements to prepare and implement a SWPPP.Based on information provided by Respondent,Respondent failed to prepare and implement a 

### SWPPfor the facilities listed in Attachment A, in violation of §301(a) of the CWA, 33 U.S.C. $1311(a).
V. Civil Penaltv
A. EPA agrees, based upon the facts and information submitted by Respondent and upon Respondent’s certification herein to the veracity ofthis information, that Respondent 

### has satisfied all 

### ofthe conditions set forth 

### in the Audit Policy and thereby qualifies for a 100% reduction of the gravity component ofthe civil penalty. Complainant alleges that the gravity component 

### of the civil penalty is $1,207,825.00. Of that penalty, $58,825.00 is attributable to CWA violations, and $1,149,000.00 

### is attributableto EPCRA violations. EPA alleges that this gravity component is assessable against Respondent for the violations that are the basis of this Agreement.


### B. Under the Audit Policy, EPA has discretion to assess a penalty equivalent to the economic benefit Respondent gained 

### as a result of their noncompliance. Based on Woknation provided by Respondent, and use of the Economic Benefit (“BEN”) computer model, EPA has determined that Respondent obtained an economic benefit of $10,943.00 

### as a result of their noncompliance in this matter. Of this mount, $9,800.00 is attributable to the CWA violations, $1,143.00 is attributable to the EPCRA violations. Accordingly, the civil penalty agreed upon by the parties for settlementpurposes 

### is $10,943.OO.


### VI. Terms of Settlement
A. Respondent agrees to pay 

### TEN 

### THOUSAND, NINE HUNDRED AND FORTY-THREE dollars, ($10,943.00), in satisfaction of the civil penalty.


### B. For payment ofthe civil penalties related to the EPCRA, and the CWA (SWPPP portion), Respondent shall send, within thirty (30) days 

### of issuance of the Final Order, a cashier’s check, certified check, or by wire transfer, in the amount of

### FIVE THOUSAND, 

### SIX HUNDRED 

### AND SIXTY-THREE dollars, ($5,663.00), made payable to the “Treasurer of the United States of America,” to the following address:

7United StatesEnvironmentProtection Agency Hearing Clerk 

### P.O. Box 360277111 Pittsburgh,PA 15251
The check or wire transfer should indicatethat it is for In re: SauutoCheeseUSA Inc., Docket NO.MM-HQ-2001-005. 

### C. In payment 

### of the civilpenalty relatedto CWA, Respondent shall, within 

### thirty (30) days 

### of issuance ofthe Final Order, forward a cashier’sor certified check, in the amount 

### of FIVE THOUSAND, TWO HUNDRED 

### AND 

### EIGHTY dollars, ($5,280.00), made payable to the “Oil SpillLiabilityTrwtFund,” to: Commander, National PollutionFunds Center United States Coast Guard Ballston Common OfficeBuilding Suite 

### 1000 4200 Wilson Boulevard

Arlington, VA 22203
The check shouldindicate that it is for 

### In re: SauutoCheeseUSA Inc., DocketNo. MM-HQ2001-005.


### D. Respondent shall forward copies 

### of these checks within five (5) business days to EPA, to the attentionof:
Beth Cavalier MultimediaEnforcementDivision (2248-A) ’

I OfficeofEnforcement and ComplianceAssurance 

### U.S. EnvironmentalProtectionAgency 1200PennsylvaniaAve, N.W. Ariel &os Building,Room 3 119A Washington,DC 20460
and Clerk, Environmental Appeals Board U.S. EnvironmentalProtectionAgency 401 

### M. Street, S.W. Washington,DC 20460
E. Respondent’s obligationsunder 

### this Agreement shall end when it 

### has paid 

### the civil penalties as requiredby 

### this Agreement 

### and the Final Order, and in accordancewith Section 

### VI@) and (C), and complied with their obligationsunder Section

### VI@) of 

### this Agreement.



### 8

### F. For the purposes of state and federal income taxation, Respondent shall not be entitled, and agrees not to attempt, to claim a deduction for any civil penalty payment made pursuant to the Final Order. Any attempt by Respondent to deduct any such payments shall constitute a violation of the Agreement.


### G. Pursuant to 3 1U.S.C. $3717,EPA is entitled to assess interest and penalties on debts owed to the United States and a charge to cover the cost ofprocessing and handling a delinquent claim. Interest will therefore begin to accrue on the civil penalty 

### from the date of entry of the Final Order, if the penalty is not paid by the date required. Interest will be assessed at the rate of the United States Treasury tax and loan rate in accordance 

### with 4 C.F.R. §102.13(c). 

### A charge will be assessed to cover the costs of debt collection, including processing and handling costs and attorney fees. In'.addition,a penalty charge 

### of 12percent per year compounded annually will be assessed on any portion of the debt that remains delinquent more than ninety (90) days after payment is due. VU. Severability
A. The provisions of this Agreement pertaining to the SPCC Plan requirements of the 

### CWA violations shall be severable f?om the provisions of the Agreement pertaining to the EPCRA violations. The parties acknowledge that the settlementportions of this Agreement which pertain to the CWA violations are, pursuant to'CWA §309(g)(4),33 U.S.C. $1319(g)(4), and CWA $3 1l(b)(G)(C)(i), 33 

### U.S.C. §1321(b)(6)(C)(i), subject to public notice and comment requirements. ,ShouldEPA receive commentsregarding the issuance of the Final Order assessing the civil penalty agreed to in Paragraph VI.A, EPA shall forward all such comments to Respondent within ten (10) days of the receipt of the public comments.
B. As part of this Agreement, and in satisfaction of the requirements of the Audit Policy, Respondent has certified to certain material facts. The parties agree that should EPA receive, through public comments or in any way, information that proves or demonstrates that these material facts are other than 

### as certified by Respondent, the portion of this Agreement pertaining to the affected facility or facilities, including mitigation of the proposed penalty, may be voided or this entire agreement may be declared null and void at EPA's election prior to the issuance of the final order, and EPA may proceed with 

### an enforcement action.


### C. The parties agree that the Respondent preserves all of their rights should this Agreement be voided in whole or in part. The parties further agree that Respondent's obligations under this Agreement will cease should 

### this Agreement be rejected by the Environmental Appeals Board.


### VIII. Reservation of Riphts
A. This Agreement and the Final Order, when issued by the EAB, and upon payment by Respondent of civil penalties in accordance with Section 

### VI, shall resolve only the civil claims specified in Attachment 

### A. Nothing in 

### this Agreement and the Final Order shall be construed to limit the authority of EPA andorthe United States to undertake any action against Respondent, 

### in response to any condition which EPA or the United States determines may present an imminent and substantial endangerment to the public health, welfare, or the environment.
9Furthermore, issuance of the Final Order does not constitute a waiver 

### by EPA and/or the United States 

### of its right to bring an enforcement action, either civil or criminal, against Respondent for any other violation of any federal or state statute, regulation or permit.


### IX.Other Matters
A. Each party shall bear its 

### own costs and attorney fees in 

### this matter.


### B. The provisions 

### of this Agreement and the Final Order, when issued by the 

### EAB, shall apply to and be binding on the Complainant, and the Respondent, 

### as well as Respondent’s officers, agents, successors and assigns. Any change in ownership or corporate status of the Respondent including, but not limited to, any transfer of assets or real or personal property shall not alter Respondent’s responsibilitiesunder this Agreement, including the obligation to pay the civil penalty referred to in Paragraph 

### V(B).
C. Nothing in this Agreement shall relieve Respondent ofthe duty to comply with all applicable provisions of the CWA and the 

### CAA or other federal state or local laws or statutes, nor shall it restrict 

### EPA’s authority to seek compliance With any applicable laws, nor shall it be construed to be a ruling on, or a determination of, any issue related to any federal, state or local permit.


### D. Except as provided in Section 

### VII(C), Respondent waives any rights it may have to contest the allegations contained herein and their right to appeal the proposed Final Order accompanying this Agreement by reference.


### E. The undersigned representatives of each party to this Agreement certifythat each is duly authorized by the party whom he represents to enter into these terms and bind that party to it.

FOR 

### COMPLAINANT:

Date Louis-Philippe Carriere, CA DaGd 

### A. Nielsen, Director Secretary and Treasurer Multimedia Enforcement Division Saputo Cheese USA Inc. Office 

### of Regulatory Enforcement 

### U.S. Environmental Protection Agency

10 

# .I

.



### ATTACHMENT A 

### LIST OF DISCLOSEDVIOLATIONS

EPCRA Q 312 EPCRA 

### 5 313 CWA 

### 0 3110') CWA 

### 0 402 @) FacilityName/Address

Almena 1052 Sixth Street Almena WI 54805

Big Stone City 1051Locust Street P.O. Box 8 Big Stone, SD 57216

Branch 3826 BranchRiver Rd Branch, WI 54203

-~

~ Denmark 5335 StateRoad 29 P.O. Box 730 Denmark, WI 54208 F-D-L (Scott St) 45 East Scott St. Fond-du-LacWI, 54935

Lena 317Hwy 141North P.O. Box 198 Lena, WI 54139 Failureto submit Failure to Tier II Reports submit Form R or data quality error for year@) indicated: Report due Jufy 1'' of following year 1995-1998 Nitric Acid, Phosphoric Acid, Nitrate Compounds, Ammonia­ (1995 only) 1995 Nitric Acid, Phosphoric Acid, Nitrate Compounds 1995-1998 Nitric Acid, Phosphoric Acid, Nitrate Compounds

~~ 1996-1998 Nitric Acid, Nitrate compounds 1995-1998 Nitric Acid, Phosphoric Acid, Nitrate Compounds 1995-1997 Nitric Acid, Phosphoric Acid, Nitrate Compounds Failure to Failure to preparelimplement prepardimplement SPCC Plan SWPPP

Failure to prepare and implement SWPPP

Failure to prepare and implement SWPPP

Failure to prepare and implement SWPPP

Failure to prepare Failure to prepare and implement SPCC and implement Plan SWPPP

11-~

~ FacilityName/Address

Monroe Cheese 495 18" Avenue Monroe, WI 53566 '

MonroeWhey 245 11" Street Monroe, WI 53566

New London 405 W. WolfRiver Ave P.O. Box 284 New London,WI 54961

F-D-L (Tompkins) 325 Tompkins Street Fond-du-Lac,WI 54935

Kent 752 Kent Avenue Kent, IL 6 1044

Reedsburg 1120Commercial St. Reedsburg,WI 53959 EPCRA fj 312 Failure to submit Tier 11 Reports for calendar years indicated: Report due July 1" of following year

1995-1997

. Anhydrous Ammonia, Nitric Acid, Sodium Hydroxide EPCRA fj 313 Failure to submit Form R or data quality error for year(s) indicated: Report due July 1" of following year 1995-1998 Phosphoric Acid, Nitric Acid (1997­ 1998 only) 1995-1998 Nitric Acid, Phosphoric Acid, Nitrate Compounds 1995-1998 Nitric Acid, Phosphoric Acid, Nitrate 'compounds­ (I996- 199 8 only) 1995-1998 Nitric Acid, Phosphoric Acid 1995-1998 Nitric Acid, Phosphoric Acid, Nitrate Compounds­ ( 1997-1998 only) 1995-1998 Nitric Acid CWA $ 3110) CWA $402 @) Failure to Failure to prepare/implement prepare/implement SPCC Plan SWPPP

Failure to prepare and implement SWPPP

Failure to prepare and implement SWPPP

Failure to implement Failure to prepare SPCC plan and implement SWPPP

Failure to prepare and implement SWPPP

Failure to prepare and implement SWPPP

12Facility NamdAddress

South Gate 56 1 1East Imperial Hwy P.O. BOX 3005 South Gate, CA 90280

Thorp 505 North Adams St., Thorp,WI 54771

Hancock 14738 WarfordsburgRd Hancock,MD 21750

Tulare 901 Levine Ave. Tulare, CA 93274

Richmond 664 Bridge Street Richmond, VT EPCRA 

### 3 312 Failureto submit Tier II Reports for years indicated

1995-1997 Nitric Acid, Anhydrous Ammonia, Diesel Fuel #2

1995 Ammonium Hydroxide, Anhydrous Ammonia, Freon R22 Flourocarbon, Propane EPCR4 

### 8 313 Failure to submit Form R or data quality error for year@) indicated: Report due July 1" of following year 1996-1998 Phosphoric Acid, Nitric Acid-( 1997 only), Nitrate Compaunds 1995-1998 Nitric Acid, Phosphoric Acid, Nitrate Compounds 1995-1998 Nitric Acid, Phosphoric Acid-( 1998 only), Nitrate Compounds­ (1998 only) 1995-1998 Nitric Acid, Phosphoric Acid CWA 

### 0 3110') CWA 

### 8 402 (p) Failure to Failure to preparehmplement preparelimplement SPCC Plan SWPPP

~ ~~ Failure to prepare Failure to prepare and implement SPCC and implement Plan SWPPPplan

13Facility NamelAddress

Hinesburg 10516Rout 116 P.O. Box 9 Hinesburg,VT EPCRA 

### 0 312 Failure to submit Tier II Reports for calendar years indicated

1995 ##4 Fuel, #6 Fuel, Acetic Acid, Aluminum Sulfate, Ammonium Hydroxide, Argon, Carbon dioxide, Dodec ylbenzenes u-lfonic Acid, DT 9684 polymer, Hydrogen Peroxide, Nitric Acid, Nitrogen, Peroxyaceticacid, Phosphoric Acid, Potassium Hydroxide, Potassium Hypochlorite, Potassium Permanganate, Sodium Dodecylbenzenesu lfonate, Sodium Hydroxide, sodium Hypochlorite, SulfuricAcid EPCRA 

### 6 313 CWA 

### 8 311cj) CWA 

### 3 402 (p) Failure to Failure to Failure to submit Form preparehmplement prepareAmpIement R or data SPCC Plan SWPPP quality error for year(s) indicated: Report due July 1" of following year 1995-1997 Failure to implement Nitric Acid, SPCCplan ' Phosphoric Acid, Nitrate Compounds­ (1995-1996 only)

14

### BEFORE THE ENVIRONMENTALAPPEALS 

### BOARD
UNITED STATES ENVIRONMENTALPROTECTIONAGENCY WASHINGTON, D.C.

IN 

### THE MATTER OF 

### 1 Saputo Cheese USA Inc. 25 Tri-State International Office Center 

## 1 Suite 250 

## 1 Lincolnshire, 

### IL 60069 and 

## 1 Respondents ) Docket 

### No. MM-HQ-2001-005



### Final Order
Whereas Complainant,the United States Environmental Protection Agency, and Respondents, Saputo Cheese USA Inc., the Parties herein, represented by counsel, have consented to the entry 

### of 

### this Final Order, and agree to comply with the Consent Agreement signed by the parties and incorporated herein; and Whereas EPA caused a Notice for Public Comment on the proposed issuance 

### ofthis Final Order to be published in the Federal Register on ,2000, as required by the Clean Water Act §309(g)(4), 33 U.S.C. $1319(g)(4) and §311(b)(6), 33 U.S.C. $1321@)(6),thepublic notice and comment period required has closed, 

### and no comments have been received; The Consent Agreement is hereby approved 

### and incorporated by reference into this Final Order. The Respondent is hereby ordered to comply with the terms of the Consent Agreement, effective immediately. 

### SO ORDERED.


### By: Date: Environmental,AppealsJudge Environmental Appeals 

### Board US 

### EPA

CERTIFICATE 

### OF 

### SERVICE

### I hereby certify that the original and one copy of the foregoing Consent Agreement and Final Order, 

### In re: Saputo CheeseUSA Inc., Docket 

### No. MM-HQ-2001-005, has been filed with the EnvironmentalAppeals Board, 

### and that a true 

### and correctcopy was sentby Certified Mail to Counsel and recipient of service designatefor Saputo Cheese 

### USA Inc.: 

### Mr. MichaelFlanagan, Esq. Foley & Lardner Attorneys at Law Firstar Center 777 East Wisconsin Avenue Milwaukee, WS 53202-5367 414-271-2400

Date Melissa

### K. Raack (2248A) MultimediaEnforcementDivision Office of Regulatory Enforcement 

### U.S. EnvironmentalProtectionAgency 401 

### M Street, 

### S.W. Washington,D.C. 20460 202-564-7039