EPA v. IMC PHOSPHATES CO. (aka MOSAIC FERTILIZER, LLC)

Case summary

This case is part of the Mining and Mineral Processing National Priority. On December 9, 2003, an unannounced EPA lead compliance evaluation inspection (CEI) was conducted at the facility to determine the facility's compliance status with the applicable RCRA regulations. Following a discussion of the facility's operations, a walk-through inspection of the facility's sulfuric acid production operations was performed. While certain waste waters produced from the production of phosphoric acid are exempt from being a hazardous waste pursuant to 40 C.F.R. ? 261.4(b)(7)(ii)(P), inspectors determined that non-Bevill exempt waste waters were being generated. These included waste waters generated from within the sulfuric acid plant areas as well as discharges from cation and anion water demineralization units. These units are used to demineralize water for use in the production of the sulfuric acid. These spills/discharges are initially managed within a concrete ditch which channels the waste waters beneath an equipment cleaning area and a metal walkway before going through a spillway. This spillway discharges to an earthen ditch and an unlined earthen surface impoundment called the Stormwater Retention Pond or A11 Pond. A pH meter was attached to the walk-way over the concrete ditch. A solid waste with a pH of less than or equal to 2 is a corrosive hazardous waste and has the EPA Hazardous Waste Number of D002. At the inspection, the spillway was in its closed position, yet a significant amount of waste water was flowing beneath the spill gate. The facility's Elementary Neutralization Unit (ENU) was in a dilapidated condition. The ENU is designed to neutralize acidic wastes. The ENU was rusted, in disrepair, and thus not functional and out of service. If the ENU was in service, it would have treated low pH waste water prior to the spillway. The ditch prior to the spillway has a sump that would have pumped low pH waste water to the ENU for treatment. After treatment, the ENU would discharge non-hazardous waste water into the earthen ditch and the unlined Stormwater Retention Pond. Instead of being captured and pumped to the ENU, the waste water went to the spillway. The waste water should have backed up at the spillway because the sump to the ENU was not in service. Instead, the untreated hazardous waste waste water flowed under the spillway into the earthen ditch and the unlined Stormwater Retention Pond. The inspectors reviewed the hourly pH meter records of the demineralization operator's log to determine how many days waste water with a pH of two or less was discharged from the spillway. The records showed that waste water with a pH of two or less was discharged from the spillway . Pursuant to 40 C.F.R. ? 261.22, a solid waste exhibits the characteristic of corrosivity, and is therefore a hazardous waste (D002), if a representative sample of the waste is aqueous and has a pH which is equal to or less than 2. Pursuant to 40 C.F.R. ? 268.37(a), hazardous wastes specified in 40 C.F.R. ? 261.22 as D002 that are managed in systems other than those whose discharges are regulated under the Clean Water Act (CWA) or that inject in Class I deep wells regulated under the Safe Drinking Water Act (SDWA) are prohibited from land disposal. IMC New Wales has violated 40 C.F.R. ? 268.7 (FAC Chapter 62-730-183) and 40 C.F.R. ? 268.9 (FAC Chapter 62-730-183) by disposing of a liquid hazardous waste having a pH of less than or equal to two (2.0) in an earthen ditch and surface impoundment, without determining the applicable treatment standard; by disposing before the treatment standards were met; and, by failing to comply with other notice, certification, and waste analysis requirements in these sections. IMC New Wales has also violated Section 3005 of RCRA by disposing and treating a D002 characteristic hazardous waste in an earthen ditch and surface impoundmen

Defendants (1)

• IMC PHOSPHATE CO. (NEW WALES FACILITY)Named in complaintNamed in settlement

Facilities (11)

• MOSAIC FERTILIZER LLC

  3095 HIGHWAY 640 W, MULBERRY, FL, 33860

  Registry ID: 110056968866

• MOSAIC FERTILIZER LLC - RIVERVIEW

  8813 HIGHWAY 41 SOUTH, RIVERVIEW, FL, 33569

  Registry ID: 110056968875

• MOSAIC FERTILIZER LLC - RIVERVIEW

  8813 HIGHWAY 41 SOUTH, RIVERVIEW, FL, 33569

  Registry ID: 110056968875

• MOSAIC FERTILIZER, LLC

  4390 CR 640 WEST, BARTOW, FL, 33830

  Registry ID: 110000604800

• MOSAIC FERTILIZER LLC

  7450 HIGHWAY 630, MULBERRY, FL, 33860

  Registry ID: 110056968884

• MOSAIC FERTILIZER, LLC -BARTOW

  3200 HIGHWAY 60 WEST, BARTOW, FL, 33830

  Registry ID: 110008318588

• MOSAIC FERTILIZER LLC - RIVERVIEW

  8813 HIGHWAY 41 SOUTH, RIVERVIEW, FL, 33569

  Registry ID: 110056968875

• MOSAIC FERTILIZER LLC

  3095 HIGHWAY 640 W, MULBERRY, FL, 33860

  Registry ID: 110056968866

• MOSAIC FERTILIZER LLC

  3095 HIGHWAY 640 W, MULBERRY, FL, 33860

  Registry ID: 110056968866

• MOSAIC FERTILIZER LLC

  3095 HIGHWAY 640 W, MULBERRY, FL, 33860

  Registry ID: 110056968866

• MOSAIC FERTILIZER LLC - RIVERVIEW

  8813 HIGHWAY 41 SOUTH, RIVERVIEW, FL, 33569

  Registry ID: 110056968875

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• IMC PHOSPHATES CO. (NEW WALES FACILITY) (aka MOSAIC FERTILIZER, LLC) (04-2016-C013)entered 2016-08-05

  Primary law: RCRA

  Federal penalty: $2,650,000 · State/local: $1,450,000

Timeline (7 milestones)

• 2004-09-02Referred To Dept Of Justice
• 2004-09-03Enforcement Action Data Entered
• 2009-07-28Supplemental Referral-Adding parties, counts
• 2015-09-30Final Order Lodged
• 2015-09-30Complaint Filed With Court
• 2016-08-05Concluded
• 2016-08-05Final Order Entered