Region 5 - Office of Regional Counsel

Multi-Media (multiple statutes)

Region 5 files a Consent Agreement and Final Order to commence and conclude case against Southwest Landmark, Inc., Pleasant Plain, Ohio. On November 1, 2004, Region 5 filed a Consent Agreement and Final Order (CAFO) concluding an administrative penalty action against Southwest Landmark, Inc., for violations of Section 103 of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) and Section 304 of the Emergency Planning and Community Right-to-Know Act (EPCRA). The CAFO requires Southwest Landmark to pay a penalty of $10,000 and complete a Supplemental Environmental Project (SEP) costing $59,328. Southwest Landmark, Inc.'s SEP involves fencing three anhydrous ammonia tank facilities to deter intrusion and vandalism of tanks (as such gave rise to the release and violation in this case). This CAFO will resolve a complaint filed on August 17, 2004, alleging that Southwest Landmark failed to immediately report a release of anhydrous ammonia to the National Response Center, State Emergency Response Commission, and Local Emergency Planning Committee. The Complaint also alleged that Southwest Landmark failed to submit written follow up reports. As a result of Southwest Landmark’s quick settlement, attitude, and litigation risk, Region 5 determined that it was appropriate and consistent with the penalty policy to mitigate its proposed penalty of $135,498.76 to a settlement penalty of $40,000. Region 5 further determines that it was appropriate and consistent with the SEP Policy to mitigate the settlement penalty to $10,000, in light of the commitment to perform the SEP.

Contact: Kevin Chow, 312-353-6181 and Mony Chabria, 312-886-6842