EPA v. CARGILL METALS SUPPLY CHAIN, A BUSINESS UNIT OF CARGILL, INC.

Case summary

12/15/15 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY $26,564 (CERCLA VIOLATION $8,855 AND EPCRA VIOLATION $17,709). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: VIOLATION OF SECTION 103(a) OF CERCLA ON MARCH 14, 2014, A RELEASE OF HYDROCHLORIC ACID ABOVE THE RQ OCCURRED AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a) OF CERCLA, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF HYDROCHLORIC ACID IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. VIOLATIONS OF SECTION 304(a) OF EPCRA ON MARCH 14, 2014, A RELEASE OF HYDROCHLORIC ACID ABOVE THE RQ OCCURRED AT THE FACILITY. EPA ALLEGES THAT THE RELEASE RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSONS BEYOND THE SITE OR SITES ON WHICH THE FACILITY IS LOCATED. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA, BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF TH RELEASE OF HYDROCHLORIC ACID IN AN AMOUNT EQUAL TO OR GREATER THAN THE AT RESPONDENT'S FACILITY. VIOLATION OF SECTION 304(c) OF EPCRA ON MARCH 14, 2014, A RELEASE OF HYDROCHLORIC ACID ABOVE THE RQ OCCURRED AT THE FACILITY. EPA ALLEGES THAT THE RELEASE RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSONS BEYOND THE SITE OR SITES ON WHICH THE FACILITY IS LCOATED. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(c) OF EPCRA, BY FAILING TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE LEPC WHEN THERE HAD BEEN A RELEASE OF HYDROCHLORIC ACID IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT THE FACILITY.

Defendants (2)

• CARGILL, INC.Named in complaint
• CARGILL METALS SUPPLY CHAIN, A BUSINESS UNIT OFNamed in complaintNamed in settlement

Facilities (1)

• CARGILL STEEL & WIRE

  600 COWAN STREET, NASHVILLE, TN, 37207-5620

  Registry ID: 110001861888

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 304 — Emergency Release Notification Section 313 Program

Enforcement conclusions (1)

• CARGILL METALS SUPPLY CHAIN, A BUSINESS UNIT OF CARGILL, INC.entered 2015-12-15

  Primary law: EPCRA

  Federal penalty: $26,564

Timeline (4 milestones)

• 2015-12-15Final Order Issued
• 2015-12-15Complaint Filed/Proposed Order
• 2015-12-30Enforcement Action Data Entered
• 2016-01-05Enforcement Action Closed