Upper Macungie Company Fined by EPA

By Jack Tobias

A Canadian organic food company that operates an Upper Macungie processing facility has agreed to pay a $19,049 fine for not notifying all required agencies about a September 2012 ammonia release, according to the U.S. Environmental Protection Agency.

An EPA web posting says SunOpta did report the ammonia release to the Pennsylvania Department of Environmental Protection. But it did not immediately report the ammonia release, as required, to two other agencies -- the Pennsylvania Emergency Management Agency and the Lehigh County Emergency Services office.

SunOpta's Upper Macungie plant is at 7108 Daniels Road in an area north of Tilghman Street and east of Mill Road.

The company did not respond to an email request for comment Friday. A phone operator at the company's headquarters in the Toronto-area town of Brampton said the information officer was traveling Friday but would be checking emails.

The EPA posting says the Upper Macungie facility released at least 450 pounds of anhydrous ammonia, a hazardous chemical, into the air on Sept. 12, 2012.

"Employees were evacuated and the Upper Macungie Fire Department responded to a 911 call, determined that no action was needed and allowed employees to return to the facility," the posting says.

The settlement penalty, according to the posting, "reflects the company’s good faith and cooperation with EPA in resolving this matter."

The posting continues: "In the settlement, the company did not admit liability for the alleged violations, but has stated that it is now in compliance with applicable regulatory requirements."

Not reporting the ammonia release to all required agencies violated the Emergency Planning and Community Right-to-Know Act. The EPA posting says the act:

"Mandates that facilities immediately notify state and local emergency response officials of significant releases of hazardous chemicals, and to provide follow-up reports on response actions and public health effects. This information ensures that state and local officials have timely and complete information to respond to chemical emergencies."

SunOpta, according to its website, "is a leading global organic food company specializing in sourcing, processing and packaging of natural and certified organic food products."

"SunOpta's core product offerings are grain, fiber and fruit based, and include organic ingredients, private label beverages, natural sweeteners and frozen fruits and vegetables," the website says.

A December 2011 story posted on The Morning Call says the Upper Macungie facility would be producing baby food, sport drinks, fruit purees and other products packaged in flexible, resealable pouches at the Daniels Road site.

The global company, the posting said, had 2010 sales exceeding $900 million and has more than 30 food plants in the Midwest and West Coast. The Upper Macungie plant was to be its first on the East Coast.

A March 2013 posting by The Call said the Upper Macungie facility opened in August 2012 and was planning to double its processing capacity.

The posting quoted from a company news release that said the expansion was planned for the third quarter of 2013 in response to high demand for flexible resealable-pouch products produced at the plant.