EPA v. ARCHER DANIELS MIDLAND (ADM) MILLING COMPANY)

Case summary

4/27/05 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $720.00. ALLEGED VIOLATIONS (RELEVANT TO THE CHLORINE PROCESS): 1. FAILURE TO DEVELOP A MANAGEMENT SYSTEM TO OVERSEE THE IMPLEMENTATION OF THE RISK MANAGEMENT PROGRAM, DOCUMENT PERSONS RESPONSIBLE FOR IMPLEMENTING INDIVIDUAL REQURIEMENTS, AND DEFINE LINES OF AUTHORITY THORUGH AN ORGANIZATION CHART OR SIMILAR CHART (40 CFR 68.15(a) AND (c)). 2. FAILURE TO ESTABLISH A SYSTEM TO PROMPTLY ADDRESS PROCESS HAZARD ANALYSIS FINDINGS AND RECOMMENDATIONS, ASSURE THAT THE RECOMMENDATIONS WERE DOCUMENTED AND RESOLVED IN A TIMELY MANNER, DOCUMENT WHAT ACTIONS WERE TO BE TAKEN, COMPLETE ACTIONS AS SOON AS POSSIBLE, AND DEVELOP A WRITTEN SCHEDULE FOR WHEN SUCH ACTIONS WERE TO BE COMPLETED (40 CFR 68.67(e)). 3. FAILURE TO CERTIFY ANNUALLY THAT THE OPERATING PROCEDURES ARE CURRENT AND ACCURATE, AND THAT PROCEDURES HAVE BEEN REVIEWED AS OFTEN AS NECESSARY (40 CFR 68.69(c)). 4. FAILURE TO DOCUMENT THAT AUDIT DEFICIENCIES HAVE BEEN CORRECTED (40 CFR 68.79(d)). WITHIN 45 DAYS OF THE EFFECTIVE DATE OF THIS ESA, RESPONDENT AGREES TO HAVE COMPLETED ALL CORRECTED MEASURES REQUIRED TO RESOLVE ALL ALLEGED VIOLATIONS DOCUMENTED IN THIS ESA

Defendants (1)

• ARCHER DANIELS MIDLAND (ADM) MILLING CO.Named in complaintNamed in settlement

Facilities (1)

• ADM MILLING CO.

  1120 KING STREET, CHATTANOOGA, TN, 37402

  Registry ID: 110006676640

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• ARCHER DANIELS MIDLAND (ADM) MILLING COMPANY)entered 2005-04-27

  Primary law: CAA

  Federal penalty: $720

Timeline (4 milestones)

• 2005-04-27Complaint Filed/Proposed Order
• 2005-04-27Final Order Issued
• 2005-05-02Enforcement Action Closed
• 2005-05-03Enforcement Action Data Entered