EPA v. BIG OX ENERGY - SIOUXLAND LLC

Case summary

Region 7 and the State of Nebraska as co-plaintiffs lodged a stipulation of settlement on September 23, 2021 and the settlement was entered on September 25, for violations of the Clean Air Act, the Clean Water Act, and the Nebraska Environmental Protection Act. The stipulation requires the facility to pay $1.1 million, split evenly between the State and EPA. The facility has been closed since 2019, however during its operation numerous violations were identified by both the State and EPA.The facility had multiple overflow events that caused several extremely hazardous substances to be released. The facility also had multiple Clean Air Act permit violations. The facility?s failure to design and operate its facility caused pass through/interference violations at the City of Sioux City?s wastewater treatment plant and violation of the facility?s wastewater permit. The State of Nebraska also discovered multiple stormwater violations that occurred during and after overflow events. The facility currently does not have any valid operation permits and will remain shut down.

Defendants (1)

• BIG OX ENERGY - SIOUXLAND LLCNamed in complaintNamed in settlement

Facilities (1)

• BIG OX ENERGY SIOUXLAND LLC

  1616 D AVE, DAKOTA CITY, NE, 68731-3003

  Registry ID: 110064587656

Statutes cited

• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause
• CWA 301/402 — NPDES Permit Violations
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• BIG OX ENERGY - SIOUXLAND LLCentered 2021-09-24

  Primary law: CAA

  Federal penalty: $550,000 · State/local: $550,000

Timeline (6 milestones)

• 2019-05-14Referred To Dept Of Justice
• 2019-05-23Enforcement Action Data Entered
• 2021-09-23Complaint Filed With Court
• 2021-09-23Final Order Lodged
• 2021-09-24Final Order Entered
• 2021-10-20Enforcement Action Closed