EPA v. ALLEN COUNTY COOPERATIVE ASSOCIATION

Case summary

A RELEASE OF ANHYDROUS AMMONIA OCCURRD AT THE SUBJECT FACILITY ON MAY 27, 1993 AT APPROXIMATELY 8:00PM. RESPONDENT FAILED TO TIMELY AND PROPERLY NOTIFY THE NRC, SERC OR PROVIDE WRITTEN FOLLOW-UP OF THERELEASE. U.S. EPA FILED AN ADMINISTRATIVE COMPLAINT ON APRIL 12, 1994WHICH PROPOSED A CIVIL PENALTY IN THE AMOUNT OF $82,500 FOR 5 COUNTS.RESPONDENT REQUESTED AND HAD AN INFORMAL SETTLEMENT CONFERENCE WITH EPAREGIONAL STAFF AND PRODUCED INFORMATION SUFFICIENT TO WARRANT DROPPINGTHE THIRD COUNT IN THE COMPLAINT, RESPONDENT DEMONSTRATED THAT IT HADNOTIFIED THE LEPC AT THE TIME OF THE RELEASE, AND THUS EPA REGIONALSTAFF AGREED TO AMEND THE COMPLAINT TO DROP THE THIRD COUNT RELATING TOTHE ALLEGED FAILURE TO NOTIFY THE LEPC. U.S. EPA AND RESPONDENTCONTINUE TO NEGOTIATE IN THE HOPES OF SETTLING U.S. EPA'S CLAIMS. FAILURE TO COMPLY WITH EPCRA 312.

Defendants (1)

• ALLEN COUNTY COOPERATIVE ASSOCIATIONNamed in complaintNamed in settlement

Facilities (1)

• ALLEN COUNTY COOPERATIVE INCORPORATED

  2925 EME ROAD, ARCOLA, IN, 46704

  Registry ID: 110000558441

Statutes cited

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

Enforcement conclusions (1)

• ALLEN COUNTY COOPERATIVEentered 1997-08-04

  Primary law: EPCRA

  Federal penalty: $7,500

Timeline (4 milestones)

• 1994-04-12Complaint Filed/Proposed Order
• 1994-09-29Enforcement Action Data Entered
• 1997-08-04Final Order Issued
• 2002-01-01Enforcement Action Closed