EPA v. Simplot Phosphates, LLC (National Case)

Case summary

The U.S. Department of Justice and J.R. Simplot Company and Simplot Phosphates LLC (Simplot) entered a Consent Decree (CD) with in the United States District Court for the District of Wyoming. The CD settles violations of Sections 3004 and 3005 of RCRA and Section 313 of EPCRA at Simplot?s phosphate fertilizer facility in Rock Springs, Wyoming. Under the CD, Simplot will spend on re-engineering of its facility for RCRA injunctive relief purposes, including construction of an Acid Value Recovery System, which will recover phosphate-bearing minerals that were previously disposed of, in addition to continued groundwater monitoring, BMPs, and hiring of additional personnel to ensure CD compliance. Simplot will also revise its annual EPCRA Form R reports to include certain compounds for reporting years 2004 through 2013. In addition to these compliance efforts, Simplot will also be required to pay a civil penalty and provide financial assurance in surety bonds and an annual aggregate liability coverage for sudden and non-sudden accidental occurrences.

Defendants (1)

• Simplot Phosphates, LLCNamed in complaintNamed in settlement

Facilities (1)

• SIMPLOT PHOSPHATES - PHOSPHATE FERTILIZER PLANT

  515 WY-430, ROCK SPRINGS, WY, 82901

  Registry ID: 110000600369

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• Simplot Phosphates, LLC (National Case)entered 2020-09-04

  Primary law: RCRA

  Federal penalty: $775,000

Timeline (6 milestones)

• 2007-03-01Referred To Dept Of Justice
• 2007-03-02Enforcement Action Data Entered
• 2008-12-24Supplemental Referral-Adding parties, counts
• 2020-07-09Complaint Filed With Court
• 2020-07-09Final Order Lodged
• 2020-09-04Final Order Entered