EPA v. HORIZON MILLING, LLC

Case summary

2/25/2010 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1,760, DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY LOCATED AT 1B RIVERSIDE LANE, CHATTANOOGA, TN, ON MAY 15, 2008, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT: - IT HAS IMPLEMENTED WRITTEN OPERATING PROCEDURES THAT ADDRESS THE FOLLOWING ELEMENTS FOUND AT 40 CFR 68.69(a): (3) SAFETY AND HEALTH CONSIDERATION, INCLUDING (i) PROPERTIES OF, AND HAZARDS PRESENTED BY THE CHEMICALS USED IN THE PROCESS; AND (iii) CONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS; AND - IN ACCORDANCE WITH 40 CFR 68.195(b), IT SUBMITTED AN UPDATE TO ITS RISK MANAGEMENT PLAN TO REFLECT A CHANGE TO ITS FACILITY EMERGENCY CONTACT INFORAMTION REQUIRED UNDER 40 CFR 68.160(b)(6), WITHIN 30 DAYS OF SUCH CHANGE. A CHANGE IN THE FACILITY'S EMERGENCY CONTACT INFORMATION OCCURRED DURING DECEMBER 2007, BUT THE RISK MANAGEMENT PLAN EMERGENCY CONTACT INFO WAS NOT UPDATED UNTIL MAY 19, 2008.

Defendants (1)

• HORIZON MILLING, LLCNamed in complaintNamed in settlement

Facilities (4)

• CARGILL INCORPORATED

  1B RIVERSIDE LANE, CHATTANOOGA, TN, 37406-1725

  Registry ID: 110000371981

• CARGILL INCORPORATED

  1B RIVERSIDE LANE, CHATTANOOGA, TN, 37406-1725

  Registry ID: 110000371981

• CARGILL INCORPORATED

  1B RIVERSIDE LANE, CHATTANOOGA, TN, 37406-1725

  Registry ID: 110000371981

• CARGILL INCORPORATED

  1B RIVERSIDE LANE, CHATTANOOGA, TN, 37406-1725

  Registry ID: 110000371981

Statutes cited

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

Enforcement conclusions (1)

• HORIZON MILLING, LLCentered 2010-02-25

  Primary law: CAA

  Federal penalty: $1,760

Timeline (4 milestones)

• 2010-02-25Final Order Issued
• 2010-02-25Complaint Filed/Proposed Order
• 2010-03-04Enforcement Action Data Entered
• 2010-03-09Enforcement Action Closed