EPA v. J R SIMPLOT CO DON PLANT SOUTHSIDE

Case summary

On October 22, 2024, US District Court for the District of Idaho entered the Consent Decree which resolves Resource Conservation and Recovery Act (RCRA), Clean Air Act (CAA) and Emergency Planning and Community Right-to-Know Act (EPCRA) claims. The settlement requires J. R. Simplot Company to spend approximately $150,000,000 to maintain and close its facility and to pay a civil penalty of $1,500,000. The settlement ensures proper management and disposal of approximately 4.5 billion lbs of hazardous waste per year and also requires Simplot provide $200,000 in funding for a Supplemental Environmental Project (SEP) involving mitigation work that will be administered by the Idaho Department of Environmental Quality in conjunction with the City of Pocatello and the Shoshone-Bannock Tribes. The SEP will address habitat degradation on the Portneuf River that resulted in part from excess phosphorus releases, particularly from the facility's formerly unlined phosphogypsum stack.

Defendants (1)

• J R SIMPLOT CO DON PLANT SOUTHSIDENamed in complaintNamed in settlement

Facilities (2)

• J R SIMPLOT COMPANY-DON SIDING POCATELLO

  1150 W HIGHWAY 30, POCATELLO, ID, 83204

  Registry ID: 110072233120

• J R SIMPLOT CO DON PLANT SOUTH

  1150 W HWY 30, POCATELLO, ID, 83201

  Registry ID: 110072233120

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• CAA 112 — Hazardous Air Pollutants
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• J R SIMPLOT CO DON PLANT SOUTHSIDEentered 2024-10-22

  Primary law: RCRA

  Federal penalty: $1,500,000 · SEP: $200,000

Timeline (7 milestones)

• 2006-09-29Referred To Dept Of Justice
• 2006-10-19Enforcement Action Data Entered
• 2007-04-24Supplemental Referral-Adding parties, counts
• 2009-01-05Supplemental Referral-Adding parties, counts
• 2023-07-11Complaint Filed With Court
• 2023-07-19Final Order Lodged
• 2024-10-22Final Order Entered