EPA v. Archer Daniels Midland

Case summary

On June 27, 2003, EPA issued a Notice of Determination ( NOD ) pursuant to the Final Policy Statement on Incentives for Self-Policing: Discovery, Disclosure, Correction, and Prevention of Violations . The NOD is based on self-disclosures provided by Archer-Daniels Midland Company ( ADM ), for violations of the Toxic Substances Control Act ( TSCA or the Act ), and its implementing regulations. The ADM facility is the Country Mark Elevator, located at 1700 Beason Street, Baltimore, Maryland 21230 ( Facility ). ADM disclosed that the Facility had potential TSCA PCB violations. Specifically, ADM failed to: register certain PCB transformers with the national database; mark certain PCB transformers at the time of removal from use; properly store combustible material within a regulated distance of a PCB transformer; date certain PCB transformers when they were removed from service; comply with storage for disposal criteria; date when the PCB Transformers were removed from service for disposal; and conduct certain inspections for PCB transformers in use or stored for reuse. The total gravity-based civil penalty for these violations would be $12,100. However, ADM satisfied all of the conditions of EPA's Self-Disclosure Policy and the amount of economic benefit gained is insignificant; therefore, EPA waived the gravity-based civil penalty for the disclosed violations

Defendants (1)

• Archer Daniels MidlandNamed in complaintNamed in settlement

Facilities (1)

• ARCHER-DANIELS MIDLAND

  1700 BEASON ST, BALTIMORE, MD, 21230

  Registry ID: 110012273823

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• Archer Daniels Midlandentered 2003-06-27

  Primary law: TSCA

Timeline (4 milestones)

• 2002-09-17Enforcement Action Data Entered
• 2003-06-27Enforcement Action Closed
• 2003-06-27Complaint Filed/Proposed Order
• 2003-06-27Final Order Issued