# T.H. AGRICULTURE & NUTRITION - OU 1
> **Judicial** · FY2002 · — · Final Order No Penalty
## Case
- **Activity ID:** `24824`
- **Case Number:** 04-2002-9005
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order No Penalty
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- T.H. AGRICULTURE & NUTRITION (complaint) (settlement)
## Summary

RD/RA CD REFERRAL FOR OU1 OF THE T.H. AGRICULTURE  AND NUTRITION (THAN) CO., IN ALBANY, GA.  THE CD OBLIGATES THE DEFENDANT, THAN, TO COMPLETE IMPLEMENTATION OF THE RA FOR THE SITE (THEY HAVE ALREADY COMPLETED THE RD AND COMMENCED THE RA UNDER A UAO),  WHICH HAS AN ESTIMATED REMAINING COST OF $2 MILLION  (THE ORIGINAL ROD COST ESTIMATE WAS $4.1 MILLION).  IN       ADDITION, THAN AGREES IN THE CD TO DISMISS WITH PREJUDICE    ITS PENDING 106(B) REIMBURSEMENT PETITION, WHICH IS          PRESENTLY BEFORE THE 11TH CIRCUIT.  IN EXCHANGE FOR          THESE COMMITMENTS, EPA AGREES TO WAIVE $475,000 IN PAST      COSTS, ALL FUTURE OVERSIGHT COSTS, AND TO PAY $50,000 IN THAN'S ATTORNEY'S FEES IN THE 106(B) ACTION.    THAN WAS SEEKING REIMBURSEMENT OF THE $1.8 MILLION COSTS  OF COMPLYING WITH A REMOVAL UAO, PLUS ATTORNEYS FEES, IN  THE 106(B) ACTION BASED ON THE ALLEGATION THAT THE CLEAN     UP LEVEL CHOSE BY EPA IN A REMOVAL ACTION AT THE SITE WAS    ARBITRARY AND CAPRICIOUS.                THAN WAS ALREADY IMPLEMENTING THE OU1 RD/RA PURSUANT         TO A UAO (SEE MATTER NUMBER 04-1995-0007), BUT WILL  CONVERT TO THE CD WHEN IT IS LODGED.

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