UNITED STATES 

ENVIRONMENTAL PROTECTION AGENCY 

BEFORE THE ENVIRONMENTAL APPEALS BOARD 

IN THE MATTER OF 

Saputo Cheese USA Inc. 

25 Tn-State International 

Office Center 

Suite 250 

Lincolnshire, IL60069 

Respondent 

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---. 1- I ~~~~~~~~~~ x 

DEC 19 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. $11022, 

2. EPCRA $313,42 U.S.C. $11023, 

3. Clean Water Act (“CWA”) $311,33 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 . The parties agree to the commencement and conclusion of this cause of action by 

issuance of this Agreement, as prescribed by EPA’s Consolidated Rules of Practice Governing 

the AdministrativeAssessment of Civil Penalties, 40 C.F.R. Part 22, as amended on July 23, 

1999 (64 Fed. Reg. 40,138), and more specifically by 40 C.F.R. §22.18@). 

B. Respondent agrees that Complainant has the authority to 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 §311,33 U.S.C. 91321, and 

CWA §309,33 U.S.C. $1319. 

C. Respondent hereby waives its right to request a judicial or administrativehearing on any 

issue of law or fact set forth in this Agreement and their right to appeal the proposed Final Order 

accompanyingthis Agreement. 

D. For purposes of this proceeding, Respondent admits that EPA has jurisdiction over the 

subject matter which is the basis of this Agreement. 

E. Respondent neither admits nor denies the conclusionsof law as set forth in this Agreement. 

III. Statements of Fact 

A. Respondent, located at 25 Tri-State International Office Center, Suite 250, Lincolnshire, 

Illinois 60069, is a cheese manufacturing company incorporatedin the State of Delaware. 

B. Pursuant to EPA’s Audit Policy, Respondent hereby certifies and warrapts as true the facts 

referenced in this Section, and EPA accepts Respondent’s certification. Respondent specifically 

certifies to the following facts upon which this Agreement is based: 

1. the violations were discovered through an audit or through a systematicprocess 

reflecting due diligence; 

2. the violations were discovered voluntarily; 

3. the initial violations were disclosed to EPA promptly, within 10 days of 

discovery, and in writing; subsequent disclosures were also prompt and in writing; 

4. the violations were disclosed prior to commencement of an agency inspection 

or investigation,notice of a citizen suit, filing of a complaint by a third party, 

reporting of the violations by a “whistle blower” employee, or imminent 

discoveryby a regulatory agency; 

5. the violations have been corrected and the Respondent is, to the best of its 

knowledge and belief, in full compliancewith EPCRA $312 and $313, 

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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 specific violations 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 any judicial 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. $11049(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. $11022(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 with jurisdiction over the facility by March 1,1988 (or March 1 of the first year 

after the facility first becomes subject to the 9312 requirements), and annually thereafter. 

C. Attachment A, hereby incorporated by reference, contains both extremely hazardous 

substances and hazardous chemicals as defined under 5312 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 

chemicals present at a facility at any one time during the preceding calendar year is ten thousand 

(10,000) pounds. The reporting threshold for diesel fuel, therefore, is ten thousand (10,000) 

pounds. For “extremely hazardous” substances present 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 with jurisdiction over each facility identified in 

Attachment A. 

G. EPCRA $313, and 40 C.F.R. $$372.22 and 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 of EPA and to the State in which the subject facility is located by July 1for 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 1011, 1081,1094); 12 (except 1241); 

20-39; 4911,4931,4939 (limited to facilities that combust coal and/or oil for the 

purpose of generating power 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 calendar years 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. 

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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 of EPA and to the States listed in Attachment A, by July lstfor 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 of EPCRA $313, and of the 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. $112.2, and it is the owner and operator as 

defined by CWA $311(a)(6), 33 U.S.C.$1321(a)(6), and 40 C.F.R. $112.2 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 of the 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. 9112.3(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. $ 11O(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 

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States (as defined by $502(7)of the CWA, 33 U.S.C. §1362(7), and 40 C.F.R. $110.1)or its 

adjoining shoreline that may either (1) violate applicable water quality standards or (2) cause a 

film or sheen or discoloration of the surface of the water or adjoining shorelines or cause a sludge 

or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines. 

F. Based on the above, and pursuant to $31l(j)(l)(C) and its implementingregulations, 

Respondent is subject to the requirements of 40 C.F.R. Part 112. 

G. For purposes of this Agreement, Complainant hereby states and alleges that, based on the 

information supplied by Respondent to EPA, Respondent has violated the CWA at four (4) 

facilities identified in Attachment A, by failing to prepare andor implement 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. Section 402(a) of the CWA, 33 U.S.C. $1342(a), provides that the Administrator of EPA 

may issue permits under the National Pollutant Discharge Elimination System (NPDES) program 

for the discharge of pollutants fkom point sources to waters of the United States. Any such 

dischargeis subject to the specific terms and conditions prescribed in the applicable pennit. 

B. For purposes of this Agreement, Respondent is a person, as defined by $502 of 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 defined by 

40 C.F.R. $ 122.2, of the ten (10) facilities listed in Attachment A. 

D. At all relevant times, the facilities listed in Attachment A, are point sources subject to 

discharges of pollutants with their storm water, to the receiving waters, which are waters of the 

United States, as defined by $502 of the CWA, 33 U.S.C. $1362, and 40 C.F.R. $122.2. 

E. Section 301(a) of the CWA, 33 U.S.C. $131l(a), prohibits the discharge of any pollutant 

from a point source to waters of the United States except in compliance with, among other 

things, a NPDES permit issued pursuant to Section 402 of the CWA, 33 U.S.C. $1342. 

F. Section 402(p) of the CWA, 33 U.S.C. §1342(p), and 40 C.F.R. 99122.1 and 122.26 

provide that facilities that have storm water discharges associated with industrial activity are 

point sources subject to NPDES permitting requirements under $402(a) of the CWA, 

33 U.S.C. $1342(a). 

G. Under 40 C.F.R. $ 122.26(b)(14), the followingcategory of facilities are among those 

considered to be engaging in industrial activity for purposes of $402(p) of the CWA, 

33 U.S.C. §1342(p), and 40 C.F.R. §122.26@)(14)(viii):Cheese Manufacturing facilities (SIC 

Code 2022). 

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

Department of Natural 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 NPDESpermits, andor the 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 SWPP for 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 of this information, that Respondent has 

satisfied all of the conditions set forth in the Audit Policy and thereby qualifies for a 100% 

reduction of the gravity component of the 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 attributable to 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 settlement purposes 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 of the 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: 

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United States Environment Protection Agency 

Hearing Clerk 

P.O. Box 360277111 

Pittsburgh, PA 15251 

The check or wire transfer should indicate that it is for In re: Sauuto Cheese USA Inc., Docket 

NO.MM-HQ-2001-005. 

C. In payment of the civil penalty related to CWA, Respondent shall, within thirty(30) days of 

issuance of the Final Order, forward a cashier’s or certified check, in the amount of FIVE 

THOUSAND, TWO HUNDRED AND EIGHTY dollars, ($5,280.00), made payable to the “Oil 

Spill Liability Trwt Fund,” to: 

Commander, National Pollution Funds Center 

United States Coast Guard 

Ballston Common Office Building Suite 1000 

4200 Wilson Boulevard 

Arlington, VA 22203 

The check should indicate that it is for In re: Sauuto Cheese USA Inc., Docket No. MM-HQ2001-005. 

D. Respondent shall forward copies of these checks within five (5) business days to EPA, to 

the attention of: 

Beth Cavalier 

Multimedia Enforcement Division (2248-A) ’ 

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Office of Enforcement and ComplianceAssurance 

U.S. Environmental Protection Agency 

1200 Pennsylvania Ave, N.W. 

Ariel &os Building, Room 3 119 A 

Washington, DC 20460 

and 

Clerk, Environmental Appeals Board 

U.S. Environmental Protection Agency 

401 M. Street, S.W. 

Washington, DC 20460 

E. Respondent’s obligationsunder this Agreement shall end when it haspaid the civil 

penalties as required by this Agreement and the Final Order, and in accordancewith Section 

VI@) and (C), and complied with their obligationsunder Section VI@) of this Agreement. 

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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 1 U.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 of processing 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 with4 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 12 percent 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 settlement portions 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 

$31l(b)(G)(C)(i), 33 U.S.C. §1321(b)(6)(C)(i), subject to public notice and comment 

requirements. ,Should EPA receive comments regarding 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 andor the 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. 

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Furthermore, 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 responsibilities under this Agreement, including the obligation to pay the civil 

penalty referred to in Paragraph V(B). 

C. Nothing in this Agreement shall relieve Respondent of the 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 certify that 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 

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I . 

ATTACHMENT A 

LIST OF DISCLOSED VIOLATIONS 

Facility Name/Address EPCRA Q 312 EPCRA 5 313 CWA 03110') CWA 0402 @)

Almena 

1052 Sixth Street 

Almena WI 54805 

Big Stone City 

1051 Locust Street 

P.O. Box 8 

Big Stone, SD 57216 

Branch 

3826 Branch River Rd 

Branch, WI 54203 

-~ ~ 

Denmark 

5335 State Road 29 

P.O. Box 730 

Denmark, WI 54208 

F-D-L (Scott St) 

45 East Scott St. 

Fond-du-Lac WI, 54935 

Lena 

317 Hwy 141 North 

P.O. Box 198 

Lena, WI 54139 

Failure to submit Failure to 

Tier IIReports 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 
-~ ~ 

Facility Name/Address 

Monroe Cheese 

495 18" Avenue 

Monroe, WI 53566 ' 

Monroe Whey 

245 11" Street 

Monroe, WI 53566 

New London 

405 W. Wolf River 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 61044 

Reedsburg 

1120 Commercial 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

(I996-1998 

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

SPCCPlan 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 

12 
Facility NamdAddress 

South Gate 

5611 East Imperial Hwy 

P.O. BOX3005 

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 

Failure to submit 

Tier IIReports 

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 03110') 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 SWPPP plan 

13 
Facility NamelAddress 

Hinesburg 

10516 Rout 116 

P.O. Box 9 

Hinesburg, VT 

EPCRA 0 312 

Failure to submit 

Tier IIReports 

for calendar years 

indicated 

1995 

##4Fuel, #6 Fuel, 

Acetic Acid, 

Aluminum Sulfate, 

Ammonium 

Hydroxide, Argon, 

Carbon dioxide, 

Dodecylbenzenes 

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, SPCC plan ' 

Phosphoric 

Acid, Nitrate 

Compounds­

(1995-1996 

only) 

14 
BEFORE THE ENVIRONMENTAL APPEALS BOARD 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 

IN THE MATTER OF 1 

Saputo Cheese USA Inc. 

25 Tri-State International 

Office Center 1 

Suite 250 1 

Lincolnshire, IL60069 

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 of this 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 Cheese USA Inc., Docket No. MM-HQ-2001-005, has been filed with the 

Environmental Appeals Board, and that a true and correct copy was sent by Certified Mail to 

Counsel and recipient of service designate for Saputo Cheese USA Inc.: 

Mr. Michael Flanagan, Esq. 

Foley & Lardner 

Attorneys at Law 

Firstar Center 

777 East Wisconsin Avenue 

Milwaukee, WS 53202-5367 

414-271-2400 

Date Melissa K. Raack (2248A) 

Multimedia Enforcement Division 

Office of Regulatory Enforcement 

U.S. EnvironmentalProtection Agency 

401 M Street, S.W. 

Washington, D.C. 20460 

202-564-7039