EPA v. U. S. AGRI-CHEMICALS CORPORATION

Case summary

5/4/17 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $11,505 (CERCLA VIOLATION- $5,752 AND EPCRA VIOLATION - $5,753). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: VIOLATION OF SECTION 103(a) OF CERCLA ON AUGUST 19, 2014, A RELEASE OF AMMONIUM HYDROXIDE ABOVE THE RQ OCCURRED AT THE FACILITY. THE EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a) OF CERCLA, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS REPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIUM HYDROXIDE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. VIOLATION OF SECTION 304(a) OF EPCRA ON AUGUST 19, 2014, A RELEASE OF AMMONIUM HYDROXIDE ABOVE THE RQ OCCURRED AT THE FACILITY. THE EPA ALLEGES THAT THE RELEASE RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSONS BEYOND THE SITE OR SITES ON WHICH THE FACILITY IS LOCATED. THE 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 THE RELEASE OF AMMONIUM HYDROXIDE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• U. S. AGRI-CHEMICALS CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• US AGRI CHEMICALS CORPORATION

  2550 SR 60 WEST, BARTOW, FL, 33841

  Registry ID: 110000604819

Statutes cited

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

Enforcement conclusions (1)

• U. S. AGRI-CHEMICALS CORPORATIONentered 2017-05-04

  Primary law: EPCRA

  Federal penalty: $11,505

Timeline (4 milestones)

• 2017-05-04Complaint Filed/Proposed Order
• 2017-05-04Final Order Issued
• 2017-05-05Enforcement Action Data Entered
• 2017-05-11Enforcement Action Closed