EPA v. Pro Corn, LLC d/b/a POET Biorefining (Preston MN) CAFO

Case summary

The respondent, POET Biorefining, is one of the world's largest producers of un-denatured ethyl alcohol or ethanol. Beginning on February 13, 2011, and continuing until 12:30 p.m. on February 15, 2011, there was a release of 201 gallons (1,286 pounds) of ammonia. Ammonia ia a CERCLA hazardous substance and an EPCRA extremely hazardous substance with a 100 pound reportable quantity (RQ). This release was over 12 times the reportable quantity. POET, the respondent, failed to immediately notify the NRC of the release. A pre-filing notice was sent to POET on May 21, 2014. EPA originally proposed two violations for failing to notify the NRC of the ongoing release, one for each of the two days on which the release occurred. The total proposed penalties were $44,270.00. In the interest of settlement, EPA agreed to assess penalties for only one day of violation at $37,500.00. This penalty was reduced by 25% for cooperation and 10% for a quick settlement before the complaint was filed, reducing the proposed penalty to $24,375.00. POET agreed to pay a $22,000.00 civil penalty to resolve this matter. EPA chose not to pursue the additional $2,176.00 difference. The payment is due on or before April 24, 2015.

Defendants (1)

• Pro Corn, LLC d/b/a POET Biorefining PrestonNamed in complaintNamed in settlement

Facilities (1)

• POET BIOREFINING

  701 INDUSTRIAL DR. N., PRESTON, MN, 55965

  Registry ID: 110000426548

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• Pro Corn, LLC d/b/a POET Biorefining (Preston MN) CAFOentered 2015-03-25

  Primary law: CERCLA

  Federal penalty: $22,000

Timeline (6 milestones)

• 2015-03-25Pipeline Closed
• 2015-03-25Final Order Issued
• 2015-03-25Enforcement Action Closed
• 2015-03-25Compliance Achieved
• 2015-03-25Complaint Filed/Proposed Order
• 2015-03-31Enforcement Action Data Entered