EPA v. Mosaic Phosphate Co.

Case summary

Mosaic Fertilizer, LLC (Mosaic) is one of the world?s largest manufacturers of finished phosphate fertilizer products. Mosaic manufactures or manufactured phosphoric acid, sulfuric acid and/or ammoniated fertilizers at two production facilities in Louisiana, at Uncle Sam and Faustina (Saint James). A similar Complaint and Consent Decree in the Middle District of Florida alleges violations at six production Florida facilities at Bartow, Riverview, Green Bay, New Wales, South Pierce, and Mulberry. The Consent Decree will resolve the claims alleged in the Complaint by Plaintiffs, the United States and the Florida Department of Environmental Protection, against Mosaic Fertilizer, LLC (Mosaic), for violations of Sections 3004 and 3005 of the Resource Conservation and Recovery Act (?RCRA?), 42 U.S.C.A. ?? 6924 and 6925, and the implementing regulations at 40 C.F.R. Parts 261, 262, 263, 264, 265, 268 and 270 that govern the identification, management and treatment, storage and disposal of hazardous waste. The violations at Uncle Sam also specifically involve the commingling of hazardous wastes with wastes exempted from RCRA regulation under the Bevill Amendment for mineral processing wastes pursuant to 40 C.F.R. ? 261.4(b)(7)(ii) (D) and (P). As part of the settlement, Mosaic has already or will implement comprehensive waste containment and spill prevention measures to better manage its wastes; make a RCRA hazardous waste determination of all its solid wastes; manage any identified hazardous waste in compliance with RCRA requirements; end commingling of hazardous wastes with Bevill-Exempt wastes; inspect and correct any deficiencies in its Phosphogypsum Stack Systems; and complete all site assessment and Corrective Action Work as required by RCRA. Mosaic also has agreed to establish a $630 million trust fund which will be invested until it reaches full funding of $1.8 billion, to provide financial assurance to cover the estimated $1.8 billion needed to fund all closure and long term care obligations at all of its Louisiana and Florida facilities. The Mosaic Company, Mosaic Fertilizer?s parent company, will provide financial guarantees for this work, and the settlement also requires Mosaic Fertilizer to submit a $50 million letter of credit. Mosaic will also spend an estimated $170 million combined on projects in Louisiana and Florida to reduce the environmental impact of manufacturing and waste management programs at its facilities and $1 million to fund local environmental studies. Mosaic will also pay a $5 million civil penalty to the United States and $1.55 million to the State of Louisiana and $1.45 million to the State of Florida, who joined the Department of Justice and EPA as plaintiffs in this case.

Defendants (3)

• Mosaic Phosphate Co.
• MosaicNamed in complaint
• Mosaic

Facilities (8)

• MOSAIC PHOSPHATES CO (IMC AGRICO) FAUSTINA PLANT

  9959 HIGHWAY 18, ST. JAMES, LA, 70086

  Registry ID: 110022324037

• MOSAIC PHOSPHATES CO (IMC AGRICO) FAUSTINA PLANT

  9959 HIGHWAY 18, ST. JAMES, LA, 70086

  Registry ID: 110022324037

• MOSAIC PHOSPHATES CO (IMC AGRICO) FAUSTINA PLANT

  9959 HIGHWAY 18, ST. JAMES, LA, 70086

  Registry ID: 110022324037

• MOSAIC PHOSPHATES CO (IMC AGRICO) FAUSTINA PLANT

  9959 HIGHWAY 18, ST. JAMES, LA, 70086

  Registry ID: 110022324037

• MOSAIC PHOSPHATES CO (IMC AGRICO) FAUSTINA PLANT

  9959 HIGHWAY 18, ST. JAMES, LA, 70086

  Registry ID: 110022324037

• MOSAIC PHOSPHATES CO (IMC AGRICO) FAUSTINA PLANT

  9959 HIGHWAY 18, ST. JAMES, LA, 70086

  Registry ID: 110022324037

• MOSAIC PHOSPHATES CO (IMC AGRICO) FAUSTINA PLANT

  9959 HIGHWAY 18, ST. JAMES, LA, 70086

  Registry ID: 110022324037

• MOSAIC PHOSPHATES CO (IMC AGRICO) FAUSTINA PLANT

  9959 HIGHWAY 18, ST. JAMES, LA, 70086

  Registry ID: 110022324037

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Timeline (7 milestones)

• 2006-04-27Referred To Dept Of Justice
• 2006-04-27PRN Sent
• 2006-04-27Referred To Headquarters
• 2006-05-10Enforcement Action Data Entered
• 2008-07-31Supplemental Referral-Adding parties, counts
• 2015-09-30Complaint Filed With Court
• 2015-09-30Enforcement Action Closed