EPA v. Brandt Consolidated, Inc. (Williamsville IL) CAFO

Case summary

Respondent, Brandt Consolidated Inc., Williamsville, Illinois, was an owner or operator of the facility located at 120 East Taylor Street, Williamsville, Illinois. On June 3, 2012, at or about 8:00 p.m., a release occurred from Respondent?s facility of approximately 580 pounds of anhydrous ammonia. The release was in excess of the RQ of 100 pounds for anhydrous ammonia. Respondent notified the NRC of the release on June 4, 2012 at 8:15 a.m., and did not immediately notify the NRC as soon as Respondent had knowledge of the release, which is a violation of Section 103(a) of CERCLA. Respondent notified the Illinois SERC of the release on June 4, 2012, at 8:05 a.m., and did not immediately notify the SERC after Respondent had knowledge of the release. Respondent?s failure to immediately notify the SERC is a violation of Section 304(a) of EPCRA. Respondent did not immediately notify the LEPC after they had knowledge of the release, but instead contacted the LEPC the following morning on June 4, 2012. This is a violation of Section 304(a) of EPCRA. USEPA determined that the appropriate penalties were an $11,510.00 civil penalty for the CERLA violations and $23,020 for the EPCRA violations, with a total of $34,530.00 in civil penalties, both of which are to be paid within 30 days after the effective date of the CAFO, January 27, 2015.

Defendants (1)

• Brandt Consolidated Inc. Williamsville ILNamed in complaintNamed in settlement

Facilities (1)

• BRANDT CONSOLIDATED (FORMERLY WILLIAMSVILLE AG CENTER)

  120 EAST TAYLOR, WILLIAMSVILLE, IL, 62693

  Registry ID: 110000572755

Statutes cited

• EPCRA 303 — Comprehensive Emergency Response Plans
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• Brandt Consolidated, Inc. (Williamsville IL) CAFOentered 2015-01-27

  Primary law: CERCLA

  Federal penalty: $34,530

Timeline (5 milestones)

• 2015-01-27Complaint Filed/Proposed Order
• 2015-01-27Final Order Issued
• 2015-01-27Enforcement Action Closed
• 2015-01-27Pipeline Closed
• 2015-02-04Enforcement Action Data Entered