EPA v. LOADOUT, LLC

Case summary

ON MARCH 21, 2011, THE REGIONAL JUDICIAL OFFICER FOR REGION III SIGNED A CONSENT AGREEMENT AND FINAL ORDER ( SUPER CAFO ), WHICH RESOLVED ALLEGED VIOLATIONS OF SECTION 103 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), 42 U.S.C. SECTION 9603, AND SECTION 304 OF THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT 42 U.S.C. SECTION 11004, AGAINST LOADOUT, LLC ( LOADOUT), IN CONNECTION WITH AN AMMONIA STORAGE TANK. THE AMMONIA STORAGE TANK WAS USED FOR MINE RECLAMATION ACTIVITIES. THE VIOLATIONS OF SECTION 103 OF CERCLA AND SECTIOIN 304 OF EPCRA WERE ASSERTED AS A RESULT OF LOADOUT'S ALLEGED FAILURE TO NOTIFY THE NATIONAL RESPONSE CENTER, THE STATE EMREGENCY RESPONSE COMMISSION ( SERC ), AND THE LOCAL EMERGENCY PLANNING COMMITTEE ( LEPC ) OF A RELASE OF AMMONIA FORM THE FACILITY ON FEBRUARY 27, 2008, AND LOADOUT'S ALLEGED FAILURE TO PROVIDE A FOLLOW-UP REPORTS REGAREDING THE RELEASE OF THE SERC AND LEPC.

Defendants (1)

• LOADOUT, LLCNamed in complaintNamed in settlement

Facilities (1)

• LOADOUT, LLC

  2 M SW CHELYAN, WV, ALONG BANKS SLAUGHTER'S CREEKS, CHEYLAN, WV, 23035

  Registry ID: 110043474157

Statutes cited

• EPCRA 304 — Emergency Release Notification Section 313 Program
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• LOADOUT, LLCentered 2011-03-22

  Primary law: CERCLA

  Federal penalty: $44,491

Timeline (3 milestones)

• 2011-03-22Complaint Filed/Proposed Order
• 2011-03-22Final Order Issued
• 2011-04-04Enforcement Action Data Entered