EPA v. Marion Ethanol, LLC d/b/a POET Biorefining (Marion OH) CAFO

Case summary

This CAFO is an administrative action commenced and concluded under Section 109(b) of CERCLA and Section 325 of EPCRA. Respondent is Marion Ethanol LLC d/b/s POET Biorefining-Marion, a South Dakota limited liability company doing business in the State of Ohio. USEPA Region 5 and the Respondent entered into this CAFO to settle violations of Section 103(a) of CERCLA, which requires any person in charge of a facility to immediately notify the NRC as soon as they have knowledge of any release of a hazardous substance from the facility in an amount equal to or greater than the reportable quantity of the hazardous substance. In addition, Respondent violated Section 304(a)(1) of EPCRA, which requires that the owner or operator of a facility must immediately provide notice of a reportable quantity of a hazardous substance released to the Local Emergency Planning Committee (LEPC), the SERC and the fire department thereof. On January 7, 2015, a release of 864 pounds of anhydrous ammonia occurred from the inside the facility building and was vented to the atmosphere. Anhydrous ammonia is a CERCLA hazardous substance and an EPCRA extremely hazardous substance, with an RQ of 100 pounds. The Respondent notified the NRC on January 7, 2015 at 3:45 p.m. (8 hours and 15 minutes) after the release was discovered. The Respondent notified the SERC January 7, 2015 at 3:40 p.m. (8 hours and 10 minutes) after the release was discovered. The Respondent never provided the immediate notification to the LEPC. The facility provided the SERC and the LEPC with the written follow-up report on February 3, 2015 (27 days after the release was discovered. In this CAFO Respondent agreed to pay $34,000 penalty applicable to these violations. In addition Respondent agreed to perform three SEPs amounting to $8,789.19 in cost.

Defendants (1)

• Marion Ethanol, LLC d/b/a POET Biorefining-MarionNamed in complaintNamed in settlement

Facilities (1)

• POET BIO-REFINING

  1660 HILLAMN FORD ROAD, MARION, OH, 43302

  Registry ID: 110032825986

Statutes cited

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

Enforcement conclusions (1)

• Marion Ethanol, LLC d/b/a POET Biorefining (Marion OH) CAFOentered 2015-07-24

  Primary law: CERCLA

  Federal penalty: $34,000 · SEP: $8,789

Timeline (5 milestones)

• 2015-07-24Final Order Issued
• 2015-07-24Complaint Filed/Proposed Order
• 2015-07-28Enforcement Action Data Entered
• 2015-11-06Enforcement Action Closed
• 2015-11-06Pipeline Closed