EPA v. MOSAIC FERTILIZER

Case summary

7/17/2012 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $21,000. ALLEGATIONS: ON OR ABOUT FEB 20, 2008, AN INSPECTION WAS CONDUCTED BY EPA AT THE RESPONDENT AT THE RESPONDENT'S FACILITY TO DETERMIN RESPONDENT'S COMPLIANCE WITH SPCC REGS. EPA CONTENDS THAT IT FOUND THE FOLLOWING VIOLATIONS: A. APPROVAL BY THE FACILITY'S MANAGEMENT OF THE WRITTEN SPCC PLAN HAD NOT BEEN DOCUMENTED, AS REQUIRED BY 40 CFR 112.7 B. THE PLAN NEITHER FOLLOWED THE SEQUENCE SPECIFIED IN THE SPCC REGS NOR INCLUDED A SECTION PROPERLY CROSS REFERENCING THE REQUIREMENTS IN THE PLAN, AS REQUIRED BY 40 CFR 112.7. C. THE PLAN DID NOT INCLUDE A CONTACT LIST AND TELEPHONE NUMBERS FOR VARIOUS ENTITES WHO MUST BE CONTACTED IN THE CASE OF A DISCHARGE, AS REQUIRED BY 40 CFR 112.7(a)(3)(vi). D. THE PLAN DID NOT DISCUSS BRITTLE FRACTURE EVALUATION OF FIELD CONSTRUCTED TANKS, AS REQUIRED BY 40 CFR 112.7(i). E. THE PLAN DID NOT DISCUSS ANY APPLICABLE MORE STRIGNENT STATE RULES, REGS, AND GUIDELINES, AS REQUIRED BY 40 CFR 112.7(j). F. THE PLAN DID NOT DISCUSS THE VOLUMES OF SECONDARY CONTAINMENT SYSTEMS FOR ABOVE GROUND TANKS, AS REQUIRED BY 40 CFR 112.8(c)(2). G. THE PLAN DID NOT DISCUSS INSPECTION AND INTEGRITY TESTING PROCEDURES FOR ABOVE GROUND TANKS, AS REQUIRED BY 40 CFR 112.8(c)(6). H. THE PLAN DID NOT DISCUSS INTERNAL HEATING COILS, AS REQUIRED BY 40 CFR 112.8(c)(7). I. THE PLAN'S PROFESSIONAL ENGINEER CERTIFICATION DID NOT INCLUDE ALL ATTESTATIONS REQUIRED BY 40 CFR 112.3(d). J. RESPONDENT DID NOT MAINTAIN RECORDS OF DIKE DRAINAGE EVENTS, AS REQUIRED BY 40 CFR 112.8(c)(3)(iv). K. RESPONDENT DID NOT REGULARLY TEST LIQUID LEVEL SENSING DEVICES TO ENSURE PROPER OPERATIONS, AS REQUIRED BY 40 CFR 112.8(c)(8). L. RESPONDENT DID NOT PROMPTLY REMOVE ACCUMULATIONS OF OIL IN DIKED AREAS, AS REQUIRED BY 40 CFR 112.8(c)(10).

Defendants (1)

• MOSAIC FERTILIZER, LLCNamed in complaintNamed in settlement

Facilities (4)

• OIL SPILL - MOSAIC FERTILIZER LLC - RIVERVIEW

  8813 HIGHWAY 41 SOUTH, RIVERVIEW, FL, 33569

  Registry ID: 110056968875

• OIL SPILL - MOSAIC FERTILIZER LLC - RIVERVIEW

  8813 HIGHWAY 41 SOUTH, RIVERVIEW, FL, 33569

  Registry ID: 110056968875

• OIL SPILL - MOSAIC FERTILIZER LLC - RIVERVIEW

  8813 HIGHWAY 41 SOUTH, RIVERVIEW, FL, 33569

  Registry ID: 110056968875

• OIL SPILL - MOSAIC FERTILIZER LLC - RIVERVIEW

  8813 HIGHWAY 41 SOUTH, RIVERVIEW, FL, 33569

  Registry ID: 110056968875

Statutes cited

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

Enforcement conclusions (1)

• MOSAIC FERTILIZERentered 2012-07-17

  Primary law: CWA

  Federal penalty: $21,000

Timeline (4 milestones)

• 2012-07-17Final Order Issued
• 2012-07-17Complaint Filed/Proposed Order
• 2012-07-26Enforcement Action Data Entered
• 2012-08-09Enforcement Action Closed