EPA v. Southwest Landmark, Inc.

Case summary

On February 18, 2004, at 4:22 a.m., Southwest Landmark, Inc., Pleasant Plain, Ohio had a 2,833 pound release of anhydrous ammonia. Anhydrous ammonia is a hazardous substance under CERCLA and an extremely hazardous substance under EPCRA with an RQ of 100 pounds. This release was more than 28 times the RQ. The person in charge of the facility had knowledge of the release on February 18, 2004 at 4:50 a.m. The person in charge of the facility notified the NRC on February 18, 2004, at 8:41 or 3 hours and 51 minutes after the person in charge had knowledge of the release. The owner/operator notified the SERC on February 18, 2004, at 8:35 a.m. or 3 hours and 45 minutes after the release. The facility never notified the LEPC about the release. Additionally, the facility submitted the written follow-up report to the SERC and the LEPC on April 9, 2004 or 51 days after the incident and after the facility received an information request from the Agency. Cause of the incident was an unknown person(s) attempted to steel the anhydrous ammonia. When the attempt failed to the valve was left partially open causing 2,833 pounds of anhydrous ammonia to be released. A neighbor called the fire department. The fire department contacted the facility manager and the county HAZMAT team. The facility manager and the HAZMAT team arrived at the scene about the same time. The facility manager did not assist in the response action to the incident. The fire department evacuated about a one-mile radius around the facility.

Defendants (1)

• Southwest Landmark, Inc.Named in complaintNamed in settlement

Facilities (1)

• SOUTHWEST LANDMARK, INC.

  10018 WALNUT STREET, PLEASANT PLAIN, OH, 45162

  Registry ID: 110018938701

Statutes cited

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

Enforcement conclusions (1)

• Southwest Landmark, Inc.entered 2004-11-01

  Primary law: CERCLA

  Federal penalty: $10,000 · SEP: $39,563

Timeline (5 milestones)

• 2004-08-17Complaint Filed/Proposed Order
• 2004-08-18Enforcement Action Data Entered
• 2004-11-01Final Order Issued
• 2005-08-01Enforcement Action Closed
• 2005-08-22Pipeline Closed