EPA v. ARDENT MILLS, LLC

Case summary

9/24/2014 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,980. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BASED ON A COMPLIANCE MONITORING INSPECTED CONDUCTED AT THE RESPONDENT'S FACILITY ON SEPTEMBER 10, 2013, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM, WHEN AT THE TIME OF INSPECTION, RESPONDENT DID NOT PROVIDE EVIDENCE THAT: IT ESTABLISHED A SYSTEM TO PROMPTLY ADDRESS THE TEAM'S PROCESS HAZARD ANALYSIS FINDINGS AND RECOMMENDATIONS; ASSURED THAT THE RECOMMENDATIONS ARE RESOLVED IN A TIMELY MANNER AND DOCUMENTED; DOCUMENTED WHAT ACTIONS ARE TO BE TAKEN; COMPLETED ACTIONS AS SOON AS POSSIBLE; DEVELOPED A WRITTEN SCHEDULE OF WHEN THESE ACTIONS ARE TO BE COMPLETED; AND COMMUNICATED THE ACTIONS TO OPERATING, MAINTENANCE; AND OTHER EMPLOYEES WHOSE WORK ASSIGNMENTS ARE IN THE PROCESS AND WHO MAY BE AFFECTED BY THE RECOMMENDATIONS AS REQUIRED BY 40 CFR SECTION 68.67(e); IT CERTIFIED THAT THE STATIONARY SOURCE HAS EVALUATED COMPLIANCE WITH THE PROVISIONS OF THE PREVENTION PROGRAM AT LEAST EVERY THREE EVERY YEARS TO VERIFY THAT THE DEVELOPED PROCEDURES AND PRACTICES ARE ADEQUATE AND BING FOLLOWED AS REQUIRED BY 40 CFR SECTION 68.79(e); ITS COMPLIANCE AUDIT WAS CONDUCTED BY AT LEAST ONE PERSON KNOWLEDGEABLE IN THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.79(b).

Defendants (1)

• ARDENT MILLS, 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)

• ARDENT MILLS, LLCentered 2014-09-24

  Primary law: CAA

  Federal penalty: $1,980

Timeline (4 milestones)

• 2014-09-24Final Order Issued
• 2014-09-24Complaint Filed/Proposed Order
• 2014-09-26Enforcement Action Data Entered
• 2014-10-07Enforcement Action Closed