EPA v. Bedford City Utilities (Bedford IN) CAFO

Case summary

Respondent owned and operated a water treatment facility in Bedford, Indiana and used, handled, stored, and moved multiple one-ton containers of the regulated substance chlorine at the Facility in amounts over the chlorine threshold quantity of 2,500 tons per year. Respondent's chlorine process at the Facility did not meet the Program 1 requirements of OSHA's Process Safety Management Standard. Respondent's chlorine process at the facility was a process subject to the Program 3 RMP requirements. On February 12, 2015, authorized representatives of the USEPA conducted a compliance inspection at the Facility. On August 18, 2015 EPA issued an Information Request to the Respondent. On September 1, 2015 the Respondent sent a Response to USEPA. Based on information in that response, USEPA determined that Respondent had committed the following violations: a. owner failed to document names or positions of people responsible for the implementation of the Program and to document lines of authority between them; b. failed to maintain records of the off-site consequences analysis; c. failed to document information pertinent to the process, d. failed to document info pertaining to the process such as materials of construction, e. failed to document compliance with recognized and generally accepted good engineering processes, f. failed to conduct a process hazard analysis, g. failed to develop operating procedures for all normal operations, etc. as outlined in this CAFO. Respondent agreed to pay a $20,000 civil penalty and perform a Supplemental Environmental Project (SEP) at the facility by preventing and reducing the risk of a chlorine release by installing a a electrolysis process that creates chlorine as needed from brine no later than Nov. 15, 2017. Respondent must spend at least $500,000 for the engineering, design, project management, purchase and installation of the SEP.

Defendants (1)

• Bedford City UtilitiesNamed in complaintNamed in settlement

Facilities (1)

• BEDFORD CITY UTILITIES-TREATMENT PLANT

  2704 ILLINOIS STREET, BEDFORD, IN, 47421

  Registry ID: 110048681538

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• Bedford City Utilities (Bedford IN) CAFOentered 2017-03-01

  Primary law: CAA

  Federal penalty: $20,000 · SEP: $500,000

Timeline (3 milestones)

• 2017-03-01Complaint Filed/Proposed Order
• 2017-03-01Final Order Issued
• 2017-03-02Enforcement Action Data Entered