EPA v. Lakeview Farms LLC (Bristol, WI) CAFO

Case summary

Respondent is Lakeview Farms, LLC, a Delaware Limited Liability Company doing business in the state of Wisconsin. USEPA and Respondent agreed to settle one or more causes of action before the filing of a complaint, with the issuance of a consent agreement and final order (CAFO). Section 312 (a) requires the owner or operator of a facility, to prepare and submit to the state emergency response commission (SERC), community emergency coordinator for the local emergency planning committee (LEPC and fire department with jurisdiction over the facility by March 1, 1998, and annually thereafter on March 1, an emergency and hazardous chemical inventory form (Tier I or Tier II). The form must contain the information required by Section 312(d) of EPCRA, covering all hazardous chemicals present at the facility at any one time during the preceding year in amounts equal to or exceeding 10,000 pounds, and all extremely hazardous chemicals present at the facility at any one time in amounts equal to or greater than 500 pounds. Respondent was an owner or operator of the facility located at 19241 83rd Street, Bristol, Wisconsin (facility). Respondent was required to submit to the SERC, LEPC and fire department on or before March 1, 2011 a completed emergency and hazardous chemical inventory form including ammonia, sulfuric acid and lead for calendar year 2010. Respondent was required to submit to the SERC, LWEPC and the fire department on or before March 1, 2012, a completed emergency and hazardous chemical inventory form including ammonia, sulfuric acid and lead for calendar year 2011. Respondent was required to submit to the SERC, LEPC and the fire department on or before March 1, 2013, a completed emergency and hazardous chemical inventory form including ammonia, sulfuric acid and lead for calendar year 2012. Respondent timely submitted to the SERC, the LEPC, and the Bristol Volunteer Fire Department an emergency and hazardous chemical inventory form that referenced ammonia, but not sulfuric acid or lead for calendar year 2010. By March 1, 2011, Respondent had not submitted to the SERC, LEPC and the Bristol Volunteer Fire Department a completed Emergency and Hazardous Chemical Inventory Form including ammonia, sulfuric acid and lead for calendar year 2010. Respondent timely submitted to the SERC, the LEPC, and the Bristol Volunteer Fire Department and emergency and hazardous chemical inventory form that referenced ammonia, but not sulfuric acid or lead for calendar year 2011. By March 1, 2012, Respondent had not submitted to the SERC, LEPC or the Bristol Volunteer Fire Department an Emergency and Hazardous Chemical Inventory form including sulfuric acid and lead for calendar year 2011. Respondent timely submitted to the SERC, the LEPC and the Bristol Volunteer Fire Department an emergency and hazardous chemical inventory form that referenced ammonia, but not sulfuric acid or lead for calendar year 2012. By March 1, 2013, Respondent had not submitted to the SERC, LEPC or the Bristol Volunteer Fire Department an Emergency and Hazardous Chemical Inventory Form, including sulfuric acid and lead for calendar year 2012. Respondent submitted to the SERC, LEPC and the Bristol Volunteer Fire Department a completed Emergency and Hazardous Chemical Inventory Form including ammonia, sulfuric acid and lead on October 1, 2013 for calendar year 2012. USEPA determined that within 30 days after the effective date of this CAFO, Respondent must pay a $45,110 civil penalty for the EPCRA violations payable to the Treasurer, United State of America. The CAFO was fully executed in resolution of this case and filed with the Regional Hearing Clerk on August 13, 2014. The payment is due on September 12, 2014.

Defendants (1)

• Lakeview Farms LLCNamed in complaintNamed in settlement

Facilities (1)

• LAKEVIEW FARMS

  19241 - 83RD ST, BRISTOL, WI, 53104

  Registry ID: 110010580594

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms

Enforcement conclusions (1)

• Lakeview Farms LLC (Bristol, WI) CAFOentered 2014-08-13

  Primary law: EPCRA

  Federal penalty: $45,110

Timeline (6 milestones)

• 2014-08-13Final Order Issued
• 2014-08-13Complaint Filed/Proposed Order
• 2014-08-18Enforcement Action Data Entered
• 2014-08-22Pipeline Closed
• 2014-08-22Enforcement Action Closed
• 2014-08-22Compliance Achieved