# KOCH FERTILIZER STORAGE AND TERMINAL COMPANY
> **Administrative - Formal** · FY1998 · — · Final Order With Penalty
## Case
- **Activity ID:** `31167`
- **Case Number:** 05-1998-0583
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $22K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** Y
## Defendants
- KOCH FERTILIZER STORAGE AND TERMINAL (complaint) (settlement)
## Summary

RUTH MCNAMARA OF MY STAFF, AND MIKE ANASTASIO, OFFICE OF     REGIONAL COUNSEL (ORC), HAVE RECOMMENDED THAT THE AGENCY     ACCEPT THE OFFER, EMBODIED IN THE ATTACHED CONSENT AGREEMENT AND CONSENT ORDER (CACO), BY KOCH FERTILIZER AND STORAGE     TERMINAL COMPANY, TO SETTLE THE CERCLA/EPCRA ADMINISTRATIVE  COMPLAINT, DOCKET NO. 5-MM-98-005, ISSUED ON SEPTEMBER 30,   1998.  UNDER THE PROPOSED SETTLEMENT, KOCH FERTILIZER AND    STORAGE TERMINAL COMPANY WOULD PERFORM THE FOLLOWING:        (1) PAY A CIVIL PENALTY OF $22,330 - $5,583 TO SUPERFUND AND $16,747 TO THE U.S. TREASURY; AND (2) PERFORM 3 SUPPLEMENTAL ENVIRONMENTAL PROJECTS (SEP), TWO INVOLVING POLLUTION PRE-   VENTION PROJECTS AND ONE INVOLVING AN EMERGENCY PLANNING     AND PREPAREDNESS PROJECT, A COST TOTALING $130,000.  THUS,   THE TOTAL NET VALUE OF THE PROPOSED SETTLEMENT IS $152,330.  THE ORIGINAL PENALTY PROPOSED IN THE COMPLAINT WAS $190,969. HOWEVER, NEW INFORMATION SUBMITTED BY KOCH AFTER THE COM-    PLAINT WAS ISSUED, INDICATING A SUBSTANTIAL LITIGATION       RISK, AS WELL AS GOOD FAITH AND COOPERATION EXHIBITED BY     KOCH, SUPPORT THE PROPOSED SETTLEMENT AS VERY FAVORABLE TO   U.S. EPA AND THE PUBLIC.  ACCORDINGLY, I AGREE WITH THIS     SETTLEMENT ARRANGEMENT, AND, THEREFORE, RESPECTFULLY RE-     COMMEND THAT YOU SIGN THE ATTACHED CONSENT AGREEMENT AND     CONSENT ORDER (CACO).

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