EPA v. Hamilton Farm Bureau Cooperative, Inc.

Case summary

On May 29, 2004, between 6:00 a.m. and 6:30 a.m., an employee of Hamilton Farm Bureau Cooperative, Inc. received notification of a potential release of anhydrous ammonia from the site. This was confirmed at 7:00 a.m. on May 29, 2004 when another employee arrived at the site. Anhydrous ammonia is a hazardous substance under the Comprehensive Environmental Response, Compensation, and Liability Act with a reportable quantity (RQ) of 100 pounds. The total quantity released 865 pounds or 8.6 times the RQ. The facility had knowledge of the release at 7:00 a.m. on May 29, 2004. The person in charge of the facility notified the NRC on June 1, 2004, at 5:05 p.m. or three days ten hours, and five minutes after the release. The county sheriff's department blocked off the road and the local fire department evacuated residents around the site. The release did go off-site. The anhydrous ammonia release was caused by an attempted theft and since the incident the facility has installed site security fencing to prevent any future attempts.

Defendants (1)

• Hamilton Farm Bureau Coopertive, Inc.Named in complaintNamed in settlement

Facilities (1)

• HAMILTON FARM BUREAU COOPERATIVE, INC.

  977 118TH AVENUE, MARTIN, MI, 49070

  Registry ID: 110009595866

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• Hamilton Farm Bureau Cooperative, Inc.entered 2004-12-23

  Primary law: CERCLA

  Federal penalty: $4,499 · SEP: $5,218

Timeline (5 milestones)

• 2004-12-23Complaint Filed/Proposed Order
• 2004-12-23Final Order Issued
• 2004-12-27Enforcement Action Data Entered
• 2007-08-03Enforcement Action Closed
• 2007-08-03Pipeline Closed