EPA v. MOSAIC FERTILIZER, LLC - NEW WALES

Case summary

8/6/19 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7481 FOR THE CERCLA VIOLATION AND A PENALTY OF $7482 FOR THE EPCRA VIOLATION. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ALLEGATIONS: ON NOV 8, 2017, A RELEASE OF ANHYDROUS AMMONIA ABOVE THE REPORTABLE QUANTITY (RQ) OCCURRED AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA 103(a) AND THE APPLICABLE CERCLA REGS, 40 CFR 302.6, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA 304(a) AND THE APPLICABLE REGS OF 40 CFR PART 355, SUBPART C, BY FAILING TO IMMEDIATELY NOTIFY THE SERC, AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ.

Defendants (1)

• MOSAIC FERTILIZER, LLC (NEW WALES)Named in complaintNamed in settlement

Facilities (4)

• MOSAIC FERTILIZER LLC - NEW WALES PLANT

  3095 COUNTY ROAD 640, MULBERRY, FL, 33860

  Registry ID: 110056968866

• MOSAIC FERTILIZER LLC - NEW WALES PLANT

  3095 COUNTY ROAD 640, MULBERRY, FL, 33860

  Registry ID: 110056968866

• MOSAIC FERTILIZER LLC - NEW WALES PLANT

  3095 COUNTY ROAD 640, MULBERRY, FL, 33860

  Registry ID: 110056968866

• MOSAIC FERTILIZER LLC - NEW WALES PLANT

  3095 COUNTY ROAD 640, MULBERRY, FL, 33860

  Registry ID: 110056968866

Statutes cited

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

Enforcement conclusions (1)

• MOSAIC FERTILIZER, LLC - NEW WALESentered 2019-08-06

  Primary law: EPCRA

  Federal penalty: $14,963 · SEP: $44,486

Timeline (4 milestones)

• 2019-08-06Final Order Issued
• 2019-08-06Complaint Filed/Proposed Order
• 2019-08-22Enforcement Action Data Entered
• 2019-08-23Enforcement Action Closed