EPA v. BICKETT FARMS, LLC

Case summary

8/9/19 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $36,500, DUE WITHIN 30 DAYS. ALLEGATIONS: ON OCT 25, 2016, EPA SENT AN INFO REQUEST TO MR. JAMES C.BICKETT, THE PREVIOUS OWNER OF THE STATIONARY SOURCES, PURSUANT TO CAA 114(a). A RESPONSE TO THE INFO REQUEST WAS SUBMITTED TO EPA ON MR. JAMES C. BICKETT'S BEHALF. MR BICKETT DIED ON NOV 29, 2016. RESPONDENT ACQUIRED THE FACILITIES AFTER MR. BICKETT'S DEATH. MR. BICKETT HAD NOT REGISTERED AM RMPlan FOR THE STATIONARY SOURCES WIT EPA. RESPONDENT REGISTERED AN RMPlan WITH EPA FOR THE STATIONARY SOURCES SOON AFTER EPA'S ISSUANCE OF A NOTICE OF POTENTIAL NON-COMPLIANCE ON MARCH 18, 2017. EPA ALLEGES THAT RESPONDENT VIOLATED CAA 112(r)(7) AND THE IMPLEMENTING REGS AT 40 CFR PART 68 WHEN: - RESPONDENT DID NOT TIMELY SUBMIT A SINGLE RMP FOR ITS FACILITY LOCATED IN CENTRAL CITY, KY, AS REQUIRED BY 40 CFR 68.150(a); - RESPONDENT DID NOT TIMELY SUBMIT A SINGLE RMP FOR ITS FACILITY LOCATED IN MORGAN FIELD, KY, AS REQUIRED BY 40 CFR 68.150(a).

Defendants (1)

• BICKETT FARMS, LLCNamed in complaintNamed in settlement

Facilities (3)

• BICKETT FARMS LLC -- MORGANFIELD

  9921 ST RD 56 E, MORGANFIELD, KY, 42437

  Registry ID: 110070070369

• BICKETT FARMS LLC - CENTRAL CITY

  10391 ST RT 175 N, CENTRAL CITY, KY, 42330

  Registry ID: 110070070368

• BICKETT FARMS LLC - CENTRAL CITY

  10391 ST RT 175 N, CENTAL CITY, KY, 42330

  Registry ID: 110070070368

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• BICKETT FARMS, LLCentered 2019-08-09

  Primary law: CAA

  Federal penalty: $36,500

Timeline (4 milestones)

• 2019-08-09Final Order Issued
• 2019-08-09Complaint Filed/Proposed Order
• 2019-09-10Enforcement Action Data Entered
• 2019-09-18Enforcement Action Closed