EPA v. Danisco USA Inc. (Terre Haute IN) CAFO

Case summary

Danisco is a Danish bio-based company with activities in food production, enzymes and other bioproducts. It is a wholly-owned subsidiary of E.I. DuPont de Nemours and Company. The Terre Haute facility produces Litesse polydextrose, a sweetener. On December 8, 2011, Danisco had a 5,436 pound sulfuric acid release. This release occurred when the bolts securing two flanged sections of pipe failed, resulting in the pipes suddenly separating. The sulfuric acid released onto the building exterior and the ground below. Danisco reported the release to the National Response Center (NRC) more than three hours late. A notice of Intent to file a Civil Administrative Complaint was issued on April 6, 2015 alleging one CERCLA violation for late notice to the NRC. EPA originally calculated a $22,135 proposed penalty. The penalty was reduced for cooperation and settling before the complaint was filed. Danisco has informed EPA that the Terre Haute facility has implemented operational changes and compliance procedures to minimize the risk of a future CERCLA reporting violation. Danisco has agreed to accept the terms of the CAFO and pay a civil penalty of $14,500 to the Superfund. The payment was made on June 11, 2015.

Defendants (1)

• Danisco USA Inc.Named in complaintNamed in settlement

Facilities (1)

• DANISCO USA INC.

  11 W. LITESSE DRIVE, TERRE HAUTE, IN, 47802-8036

  Registry ID: 110041974744

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• Danisco USA Inc. (Terre Haute IN) CAFOentered 2015-06-01

  Primary law: CERCLA

  Federal penalty: $14,500

Timeline (6 milestones)

• 2015-06-01Complaint Filed/Proposed Order
• 2015-06-01Final Order Issued
• 2015-06-11Enforcement Action Closed
• 2015-06-11Compliance Achieved
• 2015-06-11Pipeline Closed
• 2015-06-24Enforcement Action Data Entered