EPA v. Serven Fertilizer, Inc. (Prairie City IL) CAFO

Case summary

Respondent is Serven Fertilizer, Inc., Prairie City, IL, Docket Nos. MM-05-2016-0002, EPCRA-05-2016-0005, CERCLA-05-2016-0002, CAA-05-2016-0014, is engaged in the business of selling anhydrous ammonia, agreed to a CAFO with USEPA, with the following violations: 1. a release on August 2, 2012 of approximately 600 pounds of anhydrous ammonia, notice required under CERCLA Section 103(a) with late notice to the NRC,2. and late notice to Illinois SERC under Section 304(a) of EPCRA and did not provide follow-up notice to SERC; 3. did not immediately notify LEPC and did not provide written follow-up notice to LEPC; and 4. did not provide a revised and updated RMP within five years under the Clean Air Act in violation of 40 CFR Section 68.190(b)(1). The civil penalty agreed to for CERCLA violation was $7,073; for EPCRA violation was $21,219; for CAA violation was $6,250, totaling $34,542 in civil penalties. Respondent also agreed to complete a Supplemental Environmental Project to purchase equipment for the Bushnell-Prairie City Fire District and spend at least $15,705 on SEP. SEP completion report must be sent to USEPA by May 1, 2016.

Defendants (1)

• Serven Fertilizer, Inc.Named in complaintNamed in settlement

Facilities (1)

• SERVEN FERTILIZER

  22421 ILLINOIS HIGHWAY 41, PRAIRIE CITY, IL, 61470

  Registry ID: 110015663860

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 311 — Material Safety Data Sheets (MSDS)
• EPCRA 304 — Emergency Release Notification Section 313 Program

Enforcement conclusions (1)

• Serven Fertilizer, Inc. (Prairie City IL) CAFOentered 2016-01-26

  Primary law: EPCRA

  Federal penalty: $34,542 · SEP: $15,705

Timeline (5 milestones)

• 2016-01-26Complaint Filed/Proposed Order
• 2016-01-26Final Order Issued
• 2016-01-28Enforcement Action Data Entered
• 2016-04-25Pipeline Closed
• 2016-04-25Enforcement Action Closed