EPA v. City of Mahtomedi, Minnesota CAFO

Case summary

On December 16, 2011, at or about 5:15 p.m. Central Time, a release occurred from Respondent's facility of approximately 99 pounds of chlorine (the release) into the ambient air. Respondent had knowledge of the release on December 16, 2011 at approximately 5:15 p.m. Central Time. In a 24-hour period, the release of chlorine exceeded 10 pounds. The release is a release as that term is defined under Section 101(22) of CERCLA and under Section 329(8) of EPCRA. The release required notice under Section 304(a) of EPCRA. Respondent notified the NRC of the release on December 16, 2011 at 9:56 p.m. Central Time. Respondent did not immediately notify the NRC as soon as Respondent had knowledge of the release. Respondent's failure to immediately notify the NRC of the release is a violation of Section 103(a) of CERCLA. Respondent provided written follow-up emergency notice of the release to the Minnesota SERC on November 9, 2015. Respondent did not provide the SERC written follow-up emergency notice of the release as soon as practicable after the release occurred. Respondent's failure to provide written follow-up emergency notice to the SERC as soon as practicable is a violation of Section 304(c) of EPCRA. The civil penalty for the CECLA violation was $14,641.50, and the civil penalty for the EPCRA violation is $14,641.50, totaling $29,283.00.

Defendants (1)

• City of Mahtomedi, MinnesotaNamed in complaintNamed in settlement

Facilities (1)

• MAHTOMEDI CITY OF

  600 STILLWATER RD, MAHTOMEDI, CITY OF, MN, 55115

  Registry ID: 110020652756

Statutes cited

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

Enforcement conclusions (1)

• City of Mahtomedi, Minnesota CAFOentered 2017-04-10

  Primary law: CERCLA

  Federal penalty: $29,283

Timeline (5 milestones)

• 2017-04-10Complaint Filed/Proposed Order
• 2017-04-10Final Order Issued
• 2017-04-27Enforcement Action Data Entered
• 2017-05-09Pipeline Closed
• 2017-05-09Enforcement Action Closed