EPA v. KOCH FERTILIZER STORAGE AND TERMINAL COMPANY
Final Order With Penalty
Penalty assessed
$22,330
Case summary
RUTH MCNAMARA OF MY STAFF, AND MIKE ANASTASIO, OFFICE OF REGIONAL COUNSEL (ORC), HAVE RECOMMENDED THAT THE AGENCY ACCEPT THE OFFER, EMBODIED IN THE ATTACHED CONSENT AGREEMENT AND CONSENT ORDER (CACO), BY KOCH FERTILIZER AND STORAGE TERMINAL COMPANY, TO SETTLE THE CERCLA/EPCRA ADMINISTRATIVE COMPLAINT, DOCKET NO. 5-MM-98-005, ISSUED ON SEPTEMBER 30, 1998. UNDER THE PROPOSED SETTLEMENT, KOCH FERTILIZER AND STORAGE TERMINAL COMPANY WOULD PERFORM THE FOLLOWING: (1) PAY A CIVIL PENALTY OF $22,330 - $5,583 TO SUPERFUND AND $16,747 TO THE U.S. TREASURY; AND (2) PERFORM 3 SUPPLEMENTAL ENVIRONMENTAL PROJECTS (SEP), TWO INVOLVING POLLUTION PRE- VENTION PROJECTS AND ONE INVOLVING AN EMERGENCY PLANNING AND PREPAREDNESS PROJECT, A COST TOTALING $130,000. THUS, THE TOTAL NET VALUE OF THE PROPOSED SETTLEMENT IS $152,330. THE ORIGINAL PENALTY PROPOSED IN THE COMPLAINT WAS $190,969. HOWEVER, NEW INFORMATION SUBMITTED BY KOCH AFTER THE COM- PLAINT WAS ISSUED, INDICATING A SUBSTANTIAL LITIGATION RISK, AS WELL AS GOOD FAITH AND COOPERATION EXHIBITED BY KOCH, SUPPORT THE PROPOSED SETTLEMENT AS VERY FAVORABLE TO U.S. EPA AND THE PUBLIC. ACCORDINGLY, I AGREE WITH THIS SETTLEMENT ARRANGEMENT, AND, THEREFORE, RESPECTFULLY RE- COMMEND THAT YOU SIGN THE ATTACHED CONSENT AGREEMENT AND CONSENT ORDER (CACO).
Defendants (1)
- KOCH FERTILIZER STORAGE AND TERMINALNamed in complaintNamed in settlement
Facilities (1)
KOCH NITROGEN COMPANY - CRAWFORDSVILLE TERMINAL ET6
4576 US 231 NORTH, CRAWFORDSVILLE, IN, 47933
Registry ID: 110013297100
Statutes cited
- EPCRA 304C — Emerg. Plan. & Commun. Right To Know Act
- CERCLA 103A — Notification of Hazardous Reportable Quantity Release
Enforcement conclusions (1)
KOCH FERTILIZER STORAGE AND TERMINAL COMPANYentered 1999-02-09
Primary law: CERCLA
Federal penalty: $22,330
Timeline (4 milestones)
- 1998-09-30Complaint Filed/Proposed Order
- 1998-10-06Enforcement Action Data Entered
- 1999-02-09Final Order Issued
- 1999-10-21Enforcement Action Closed
Case metadata
- EPA activity ID
- 31167
- Case number
- 05-1998-0583
- Lead agency
- EPA
- HQ division
- CER
- Branch
- MMBI
- EPA region
- 05
- Multimedia
- Yes
- Voluntary self-disclosure
- No
- Primary statute
- Emerg. Plan. & Commun. Right To Know Act
Sourced verbatim from EPA ECHO Enforcement Case Report for case 05-1998-0583 . Bulk data: ICIS-FEC download summary.
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