EPA v. CARGILL, INC.

Case summary

9/14/09 - CONSENT AGMT FILED, ASSESSING A PENALTY OF $10,600, DUE WITHIN 30 DAYS. ALLEGATIONS: ON JULY 12, 2007, RESPONDENT DISCHARGED 3,722 GALLONS OF CORN OIL INTO OR UPON LAKE MCKELLAR AND ITS ADJOINING SHORELINES IN ALLEGED VIOLATION OF CWA SEC 311(b). ON OCT 14, 2008, EPA AND RESPONDENT RESOLVED RESPONDENT'S ALLEGED VIOLATION WITH THE ENTRY OF A CONSENT AGMT AND FINAL ORDER (SEE 04-2008-5142). THE RELEASE OF CORN OIL ON JULY 12, 2007, PROMPTED AN INVESTIGATION BY EPA, INCLUDING AN INSPECTION OF THE FACILITY ON OR ABOUT JULY 24, 2007. EPA ISSUED A LETTER OF DEFICIENCY ON SEPT 21, 2007, RELEATED TO THE FACILITY INSPECTION BY EPA ON JULY 24, 2007. EPA ALLEGES THAT RESPONDENT FAILED TO ADEQUATELY IMPLEMENT SECTION 10.5 OF ITS SPCC PLAN BY FAILING TO HAVE AN EMPLOYEE PERFORM A WALK-AROUND INSPECTION OF ITS RAIL CAR TO VERIFY THAT ALL TRANSFER LINES HAVE BEEN DISCONNECTED BEFORE MOVING IT FROM THE LOADING AREA, IN VIOLATION OF 40 CFR 112.3. EPA ALSO ALLEGED THAT CARGILL FAILED TO RE-CLOSE THE STORM WATER DRAIN VALVE IN THE LOADING AND UNLOADING AREA AFTER THE RAIN EVENT ON JULY 12, 2007, AND TO ENSURE THE DRAINS WERE COVERED BEFORE UNLOADING THE RAILCAR ON JULY 12, 2007, AS REQUIRED BY ITS SPCC PLAN, IN VIOLATION OF 40 CFR 112.3.

Defendants (1)

• CARGILL, INC.Named in complaintNamed in settlement

Facilities (1)

• CARGILL CORN MILLING

  2330 BUOY STREET, MEMPHIS, TN, 38113

  Registry ID: 110000496838

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• CARGILL, INC.entered 2009-09-14

  Primary law: CWA

  Federal penalty: $10,600

Timeline (4 milestones)

• 2009-09-14Final Order Issued
• 2009-09-14Complaint Filed/Proposed Order
• 2009-09-15Enforcement Action Data Entered
• 2009-10-05Enforcement Action Closed