EPA v. Crop Production Services (Greenville) CAFO

Case summary

Crop Production Services experienced releases of anhydrous ammonia above its reportable quantity at its Greenville, MI, Lake Odessa, MI and Attica, IN facilities due to attempted theft on 5/27/2010, 3/26/2013 and 8/2/2010 respectively. All three facilities were late in notifying the National Response Center (NRC), the State Emergency Response Commissions (SERCs), and their Local Emergency Planning Committees (LEPCs). Each facility was also late in providing their written follow-up reports to the SERCs and LEPCs. Because CPS worked towards a quick settlement and performed environmentally beneficial projects, the EPA agreed to mitigate the total penalty to $115,000. CPS removed anhydrous ammonia from the Greenville site, installed video cameras and security lights at the Lake Odessa and Attica sites and upgraded the anhydrous ammonia delivery and storage system at the Greenville site and at a CPS facility in Greenfield, IL. The EPA valued these projects at $86,250 resulting in a final cash penalty settlement of $28,750.

Defendants (1)

• Crop Production Services (Loveland, CO)Named in complaintNamed in settlement

Facilities (6)

• CROP PRODUCTION SERVICES

  211 MILBOURNE STREET, LAKE ODESSA, MI, 48849

  Registry ID: 110000552223

• CROP PRODUCTION SERVICES

  211 MILBOURNE STREET, LAKE ODESSA, MI, 48849

  Registry ID: 110000552223

• CROP PRODUCTION SERVICES

  6288 S GREENVILLE RD, GREENVILLE, MI, 48838

  Registry ID: 110038253458

• CROP PRODUCTION SERVICES INC

  9009 SR 28 W, ATTICA, IN, 47918

  Registry ID: 110007566865

• CROP PRODUCTION SERVICES

  211 MILBOURNE STREET, LAKE ODESSA, MI, 48849

  Registry ID: 110000552223

• CROP PRODUCTION SERVICES

  211 MILBOURNE STREET, LAKE ODESSA, MI, 48849

  Registry ID: 110000552223

Statutes cited

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

Enforcement conclusions (1)

• Crop Production Services (Greenville) CAFOentered 2014-04-07

  Primary law: EPCRA

  Federal penalty: $28,750

Timeline (5 milestones)

• 2014-04-07Final Order Issued
• 2014-04-07Complaint Filed/Proposed Order
• 2014-04-15Enforcement Action Data Entered
• 2014-05-05Pipeline Closed
• 2014-05-05Enforcement Action Closed