EPA v. ARCHER DANIELS MIDLAND COMPANY

Case summary

9/13/11 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $121,137, DUE WITHIN 30 DAYS. ALLEGATIONS: RESPONDENT'S FACILITY HAS AN OIL STORAGE CAPACITY GREATER THAN ONE MILLION GALLONS AND THE FACILITY'S PROXIMITY TO THE WOLF RIVER AND WETLANDS IS SUCH THAT A DISCHARGE FROM THE FACILITY COULD CAUSE INJURY TO FISH AND WILDLIFE AND SENSITIVE ENVIRONMENTS. THEREFORE, PURSUANT TO 40 CFR 112.20(a) AND 112.20(f)(1)(ii)(B), THE FACILITY WAS REUQIRED TO PREPARE AND SUBMIT A FRP. THE FACILITY SUBMITTED AN FRP ON MAY 1, 2009. HOWEVER, PRIOR TO THAT DATE, THE FACILITY WAS OPERATING WITHOUT AN FRP. THEREFORE, RESPONDENT FAILED TO COMPLY WITH 40 CFR 112.20(a). ACCORDINGLY RESPONDENT VIOLATED SECTION 311(j)(5)(A) OF THE CWA.

Defendants (1)

• ARCHER DANIELS MIDLAND COMPANYNamed in complaintNamed in settlement

Facilities (4)

• TWO RIVERS PREMIUM OILS

  2782 CHELSEA AVE, MEMPHIS, TN, 38108

  Registry ID: 110000373970

• TWO RIVERS PREMIUM OILS

  2782 CHELSEA AVE, MEMPHIS, TN, 38108

  Registry ID: 110000373970

• TWO RIVERS PREMIUM OILS

  2782 CHELSEA AVE, MEMPHIS, TN, 38108

  Registry ID: 110000373970

• TWO RIVERS PREMIUM OILS

  2782 CHELSEA AVE, MEMPHIS, TN, 38108

  Registry ID: 110000373970

Statutes cited

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

Enforcement conclusions (1)

• ARCHER DANIELS MIDLAND COMPANYentered 2011-09-13

  Primary law: CWA

  Federal penalty: $121,137

Timeline (4 milestones)

• 2011-09-13Final Order Issued
• 2011-09-13Complaint Filed/Proposed Order
• 2011-09-14Enforcement Action Data Entered
• 2011-10-25Enforcement Action Closed