9/13/11 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $300,000, DUE WITHIN 30 DAYS.
ON FEB 14, 2011, A FIRE DESTROYED THE FACILITY'S MAIN BUILDING WHERE PRODUCTION OPERATIONS WERE CONDUCTED.
ON FEB 15 AND 16, 2011, EPA CONDUCTED A RCRA COMPLIANCE EVAULATION INSPECTION (CEI) AT THE FACILITY, AND MADE THE FOLLOWING OBSERVATIONS:
A. A FIRE HAD DESTROYED THE MAIN FERTILIZER PRODUCTION BUILDING, ADJOINING STORAGE AREAS, AND THE TRUCK LOADING AREA.
B. THE APPROX 10 TONS OF WEBB ZINC OXIDE THAT RESPONDENT HAD BEEN STORING IN SUPERSACKS IN THE MAIN FERTILIZER PRODUCTION BLDG HAD NOT BEEN MOVED FROM THAT LOCATION DURING FIRE RESPONSE ACTIVITIES; HOWEVER, THE FIRE HAD DESTROYED THE SUPERSACKS.
C. RESPONDENT INDICATED THAT BEFORE THE FIRE, ALL BULK FINISHED FERTILIZER AND INTERMEDIATES WERE STORED IN BINS THAT WERE DIVIDED WITH WOODED PARTITIONS.
D. THE FIRE DESTROYED THE WOODEN PARTITIONS, AND THE DIFFERENT FERTILIZER GRADES WERE COMMINGLED DURING THE FIRE FIGHTING ACTIVITIES, CREATING A SINGLE LARGE PILE OF DAMAGED BULK FERTILIZER.
E. IN THE NORTHERN PORTION OF THE FACILITY, RESPONDENT HAD SEVERAL STACKS OF DIFFERENT BLENDS OF BAGGED FERTILIZERS, SOME OF WHICH CONTAINED WEBB ZINC OXIDE.
F. RESPONDENT WAS ACCUMULTING THE FIRE FIGHTING WATER AND RAIN WATER IN FRAC TANKS.
G. THE FIRE GENERATED LARGE AMOUNTS FERTILIZER-CONTAMINATED FIRE DEBRIS.
DURING THE CEI, RESPONDENT INDICATED THAT THE DAMAGED BULK FERTILIZER PILE AND THREE OF THE BAGGED FRETILIZER BLENDS