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U.S. EPA Reduces Fine For Gallo Farms Self Reporting of Violations

Release Date: 10/3/2002
Contact Information: Lisa Fasano, U.S. EPA, 415/947-4307

     Settlement Resulted in No Financial Penalty for Cheesemaker

     SAN FRANCISCO - The U.S. Environmental Protection Agency announced that it reached a settlement last week with cheesemaker Joseph Gallo Farms, resulting in no financial penalty for the company's failure to properly report to the Agency the use and release of chemicals at its Atwater facility.

     Under the EPA's self reporting audit polity, the EPA may reduce penalties up to 100% for violations that are voluntarily discovered, promptly disclosed to the agency and corrected.  The potential fine assessed for these violations was just under $150,000.

     "This is a great example of how the EPA and industry can work together and why self reporting works," said Wayne Nastri, EPA's regional administrator for the Pacific Southwest region.  "Gallo Farms quickly reported the violations and corrected them, ensuring the company complied with federal law."  

     Gallo Farms informed the agency by letter on June 5 that during an audit conducted that week the company had discovered potential violations of the EPA's right-to-know reporting policy for the use and release of nitric acid and nitrate compounds.

     Gallo stated that it discovered the emission reporting errors through an internal voluntary environmental audit of its Emergency Planning-Community Right-to-Know Act or EPRCRA chemical release reporting practices.  Gallo confirmed these violations in a follow up letter on June 12 completed and submitted all required notification documents on June 27, 2002, correcting the violations.

   Nitric acid is used in the cleaning of equipment, and nitrate compounds are coincidentally manufactured when the nitric acid is neutralized.  

   Federal law requires certain facilities using chemicals over certain amounts to file annual reports of chemical releases with the EPA and the state.  The reports estimate the amounts released to the environment, treated or recycled on-site, or transferred off-site for waste management.  This information is then compiled into a national database called the Toxics Release Inventory and made available to the public.  The premise behind the program is that people have a right to know about toxic chemical emissions, and that facilities have a responsibility to inform surrounding communities about their use and release of toxic chemicals.

      More information about the Toxics Release Inventory program, including reporting requirements and instructions, can be obtained by calling (800) 535-0202, or at www.epa.gov/tri.  The Toxics Release Inventory database, containing facility-specific chemical release data, can be accessed at www.epa.gov/enviro.

   More information about the Audit Policy can be found at: www.epa.gov/compliance/incentives/auditing/auditpolicy.html