WASHINGTON, Sept. 12 -- The Justice Department has lodged a proposed second modification of a consent decree with Bayer CropScience of Institute, West Virginia, under a lawsuit (U.S. v. Bayer CropScience, Civil Action No. 2:15-cf-13331). The agreement was reached on Aug. 31, 2017, and disclosed in a notice published in the Federal Register on Sept. 12.
Robert D. Brook, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division, at the Justice Department, said in the notice that the complaint alleges that Bayer CropScience violated section 112(r) of the Clean Air Act, 42 U.S.C. 7412(r), which addresses the prevention of accidental releases.
"The claims arise out of a 2008 explosion at the Methomyl production unit at Bayer CropScience's plant in Institute, West Virginia," Brook stated. "The original consent decree, which was entered by the court on August 9, 2016, required the defendant, Bayer CropScience LP, to pay a civil penalty of $975,000, to perform injunctive relief to reduce the likelihood of future accidents at the Institute Plant and several other chemical processing plants, and to perform supplemental environmental projects valued collectively at $4.23 million. The proposed modification replaces one of the supplemental environmental projects, which entailed expanding a wastewater sump, with another project that entails purchasing emergency response equipment. As a result, the total cost of the supplemental environmental projects will decrease to $3.05 million."
The Federal Register notice opens a public comment period on the proposed second modification to consent decree.
The consent decree may be downloaded at this Justice Web site: https://www.justice.gov/enrd/consent-decrees/.
Myron Struck, editor, Targeted News Service, Springfield, Va., 703/304-1897; [email protected]; http://www.targetednews.com
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