# GARDINIER, INC.
> **Judicial** · FY1989 · — · Final Order With Penalty
## Case
- **Activity ID:** `20435`
- **Case Number:** 04-1989-0037
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $40K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- GARDINIER, INC. (complaint) (settlement)
## Summary

GARDINIER OWNS AND OPERATES A PHOSPHATE FERTILIZER PRO-    DUCTION FACILITY LOCATED ADJACENT TO THE ALAFIA RIVER IN     HILLBOROUGH COUNTY, FLORIDA.  ON APRIL 30, 1988, AT          APPROXIMATELY 9:00 P.M. LOCAL TIME, A UTILITY OPERATOR AT    GARDINIER INITIATED A PHOSPHORIC ACID SHIFT PROCESS BETWEEN  TWO TANKS LOCATED ON THE FACILITY.  DUE TO OPERATOR ERROR,   A CROSS-OVER VALVE WAS NOT PLACED IN THE CLOSED POSITION     DURING THIS SHIFT CAUSING PHOSPHORIC FETILIER SOLUTION (PFS) TO OVERFLOW OUT OF ONE OF THE TANKS AND INTO THE CONCRETE    CONTAINMENT AREA VIA A CRACK IN THE CONTAINMENT STRUCTURE    AND FLOWED INTO NEARBY DITCHES.  THREE UNDERGROUND CULVERTS  THEN CARRIED THE PFS DIRECTLY INTO THE ALAFIA RIVER.         PRE-REFERRAL NEGOTIATIONS SOUGHT FOR VIOLATION FO SECTION    311 OF THE CWA.  FIFTY THOUSAND DOLLARS IS BOTTOM-LINE       AMOUNT SOUGHT.

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*