EPA v. Nitrex (Franklin) CAFO
Final Order With Penalty
Case summary
On 7/11/2007, 700 gallons of anhydrous ammonia were released from a tank due to vandalism. The NRC and SERC were notified 11 hours after Nitrex had knowledge of the release. The LEPC was not notified of the release. The Superfund Amendments and Reauthorization Act of 1986 states that delays in making the required notifications should not exceed 15 minutes after the person in charge has knowledge of the release.
Defendants (1)
- Nitrex (Franklin, IN)Named in complaintNamed in settlement
Facilities (1)
NITREX INC.
350 BLUE CHIP CT, FRANKLIN, IN, 46131
Registry ID: 110024942543
Statutes cited
- CERCLA 103A — Notification of Hazardous Reportable Quantity Release
- EPCRA 304 — Emergency Release Notification Section 313 Program
Enforcement conclusions (1)
Nitrex (Franklin) CAFOentered 2011-06-03
Primary law: EPCRA
Federal penalty: $113,200
Timeline (5 milestones)
- 2011-06-03Final Order Issued
- 2011-06-03Complaint Filed/Proposed Order
- 2011-06-06Enforcement Action Data Entered
- 2011-06-30Pipeline Closed
- 2011-06-30Enforcement Action Closed
Case metadata
- EPA activity ID
- 2600024117
- Case number
- 05-2011-7071
- Lead agency
- EPA
- EPA region
- 05
- Voluntary self-disclosure
- No
- Primary statute
- Notification of Hazardous Reportable Quantity Release
Sourced verbatim from EPA ECHO Enforcement Case Report for case 05-2011-7071 . Bulk data: ICIS-FEC download summary.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.