EPA v. MOSAIC FERTILIZER, LLC - SOUTH PIERCE FACILITY

Case summary

6/23/11 - ADMINISTRATIVE ORDER ON CONSENT UNDER RCRA 3013(a). ORDER REQUIRES: - RESPONDENT SHALL SUBMIT TO EPA A SAMPLING AND ANALYSIS WORKPLAN WITHIN 90 DAYS. THE WORKPLAN FOR ASSESSMENT MUST INCLUDE THE FOLLOWING: a. PROCESS WATER SAMPLES FROM THE SULFURIC ACID PLANT, DISCHARGE WATER FROM SULFURIC ACID PLANT PROCESSES, DISCHARGES FROM PRODUCT SPILLS WITHIN AND AROUND THE SULFURIC ACID PLANT, AND DISCHARGE WATERS FROM MAINTENANCE ACTIVITIES WITHIN AND AROUND THE SULFURIC ACID PLANT, INCLUDING BUT NOT LIMITED TO WATER FROM BOILERS AND COOLING TOWERS BLOWDOWNS. b. A SEDIMENT AND/OR SOIL, AS APPROPRIATE, SAMPLING AND ANALYSIS SECTION TO COLLECT AND ANALYZE REPRESENTATIVE SEDIMENT AND/OR SOIL SAMPLES TO DETERMINE THE NATURE AND EXTENT OF POTENTIAL CONTAMINATION, BOTH VERTICALLY AND HORIZONTALLY. AREAS OF SAMPLING SHALL INCLUDE THE MOSAIC OPERATIONS, STORMWATER AND NON-PROCESS WATER DITCHES AND PONDS, AND DITCHES ASSOCIATED WITH THE NPDES OUTFALL. THE WORKPLAN SHALL ALSO INCLUDE SAMPLING IN AREAS OF DISCHARGES WITHIN AND AROUND THE SULFURIC ACID PLANT FROM PRODUCT SPILLS, RAILCAR CLEANING OPERATIONS, AND DISCHARGE WATERS FROM MAINTENANCE ACTIVITIES AND DEMINERALIZATION UNITS REGENERATION. THE WORKPLAN MUST DEFINE THE NUMBER, LOCATION, AND DEPTH OF THE SAMPLES, AND THE PARAMETERS FOR ANALYSIS. c. A SURFACE WATER (INCLUDING RUNOFF) SAMPLING AND ANALYSIS SECTION TO DETERMINE THE NATURE AND EXTENT OF ANY CONTAMINATED SURFACE WATER FLOWING FROM THE PORTIONS OF THE FACILITY ADJACENT TO AND DOWN-GRADIENT FROM THE UNLINED AREAS OF THE MOSAIC OPERATIONS. THE WORKPLAN SHALL DEFINE THE NUMBER, LOCATION, AN DEPTH OF SAMPLES, AND THE PARAMETERS FOR ANALYSIS. d. A GROUNDWATER SAMPLING AND ANALYSIS SECTION TO CHARACTERIZE THE GROUNDWATER QUALITY AND THE EXTENT OF ANY GROUNDWATER CONTAMINATION, BOTH VERTICALLY AND HORIZONTALLY, WHICH MAY BE MMIGRATING FROM MOSAIC'S FACILITY. THIS SAHLL INCLUDE UNLINED AREAS WITHIN THE MOSAIC OPERATIONS. THE WORKPLAN SHALL DEFINE THE NUMBER, LOCATION, AND DEPTH OF GROUNDWATER SAMPLES (EITHER FROM EXISTING WELLS INCLUDED IN THE CURRENT GROUNDWATER MONITORING PROGRAM, TEMPORARY WELLS, OR DIRECT-PUSH TECHNOLOGY), AND THE PARAMETERS FOR ANALYSIS. e. A SURVEY WHICH IDENTIFIES ANY WETLANDS, CREEKS, OR LAKES WITHIN A 1 MILE RADIUS DOWN GRADIENT AND BEYOND THE MOSAIC PROPERTY BOUNDARIES (NOT INCLUDING PUBLIC ROADSIDE DITCHES). THIS SURVERY SHOUND ALSO IDENTIFY ANY SUCH BODIES OF WATER WHICH ARE USED FOR PUBLIC RECREATIONAL PURPOSES OR MAY CONTAIN ENDANGERED SPECIES. f. A PROJECT MANAGEMENT PLAN. g. A DATA COLLECTION QUALITY ASSURANCE PROJECT PLAN USING FDEP'S QUALITY SSURANCE CHAPTER 62-160, F.A.C. FOR NEW SAMPLING AND ANALYSIS REQUIRED BY THIS CONSENT ORDER. h. A DATA MGMT PLAN INCORATING FDEP'S QUALITY ASSURNACE CHAPTER 62-160, F.A.C. FOR NEW SAMPLING AND ANALYSIS REQUIRED BY THIS CONSENT ORDER. i. A COMMUNITY RELATIONS PLAN (IF APPROPRIATE). j. A TIMELINE FOR WORK DETAILED ABOVE AND A SCHEDULE FOR THE SUBMISSION OF PROGRESS REPORTS, INCLUDING A DRAFT SAMPLING AND ANALYSIS REPORT, AND A FINAL SAMPLING AND ANALYSIS REPORT. UPON RECEIPT OF EPA APPROVAL OF THE WORKPLAN, RESPONDENT SHALL IMPLEMENT THE EPA-APPROVED WORKPLAN IN ACCORDANCE WITH THE TERMS AND SCHEDULES CONTAINED THEREIN. UPON COMPLETION OF THE IMPLEMENTATION OF THE WORKPLAN, RESPONDENT SHALL SUBMIT TO EPA FOR APPROVAL A DRAFT SAMPLING AND ANALYSIS REPORT, IN ACCORDANCE WITH THE REQUIREMENTS AND SCHEDULE CONTAINED IN THE EPA-APPROVED SAMPLING AND ANALYSIS WORKPLAN. UPON APPROVAL OF THE DRAFT SAMPLING AND ANALYSIS REPORT BY EPA, RESPONDENT SHALL SUBMIT A FINAL SAMPLING AND ANALYSIS REPORT. EPA ACKNOWLEDGED THAT RESPONDENT HAS COMPLETED SOME OF THE TASKS REQUIRED BY THIS CONSENT ORDER AND/OR THAT RESPONDENT HAS AVAILABLE SOME OF THE INFORMATION AND DATA REQUIRED BY THIS CONSENT ORDER. THIS PREVIOUS WORK MAY BE USED TO MEET SOME OF THE REQUIREMENTS OF THIS ORDER, UPON SUBMISSION TO AND FORMAL APPROVAL BY EPA.

Defendants (1)

• MOSAIC FERTILIZER, LLC - SOUTH PIERCE FACILITYNamed in settlement

Facilities (1)

• MOSAIC FERTILIZER LLC

  7450 HIGHWAY 630, MULBERRY, FL, 33860

  Registry ID: 110056968884

Statutes cited

• RCRA 3013 — Monitoring, Analysis, Testing

Enforcement conclusions (1)

• MOSAIC FERTILIZER, LLC - SOUTH PIERCE FACILITYentered 2011-06-23

  Primary law: RCRA

Timeline (2 milestones)

• 2011-06-23Final Order Issued
• 2011-07-01Enforcement Action Data Entered