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ANPI may have to pay $1.2 million
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| Clean up: One of the ponds at the wetlands at Apache Nitrogen Products, Inc. in St. David. (Thelma Grimes/Photo.) |
Thelma Grimes/San pedro Valley News-Sun
Apache Nitrogen Products, Inc. (ANPI) may reimburse the Environmental Protection Agency (EPA) up to $1.2 million for costs the federal agency incurred over the last 20 years to oversee cleanup of Apache's Superfund Site.
The government filed a civil suit against ANPI last week stating, "This is a civil action brought pursuant to Sections 106 and 107 of the Comprehensive Environmental Response, Compensation, and Liability Act against defendant Apache Nitrogen Products, Inc., formerly known as Apache Powder Company, for recovery of the costs incurred in response to releases and threatened releases of hazardous substances at the Apache Powder Superfund Site in Benson, Arizona. The United States also seeks a declaration that Apache is liable for future costs of response not inconsistent with the National Contingency Plan."
Bob Cashdollar, CEO of ANPI, said the civil suit is a part of the process, noting that over the summer they were in negotiations with the EPA to resolve the claims against the company.
Cashdollar said they have agreed on $1.2 million, and the civil suit is the next step in the process.
"Earlier this summer, Apache reached a mutually beneficial settlement with the EPA and the Department of Justice (DOJ), and entered into a Consent Decree at that time. This week, as a matter of normal course in the settlement process, the DOJ, on behalf of the EPA, filed a suit in the U.S. District Court for the District of Arizona, relating to these matters."
In the near future, Cashdollar said DOJ will likely file a motion with the court to lodge the Consent Decree the two sides negotiated.
Cashdollar said the agreement "demonstrates a significant development and demonstrates Apache's commitment to environmental responsibility."
Providing some background in the civil suit, the DOJ said prior to 1971, ANPI discharged facility wastewater at the site into dry washes that flowed into the San Pedro River, resulting in contamination to the shallow aquifer, both in the northern and southern areas of the site. The wastewater was composed of wash-down and blow-down waters from the powerhouse cooling tower, the nitric acid plant, and handling and storage of raw materials and product.
"From 1971 to 1995, Apache discharged wastewater into unlined evaporation ponds at the site, creating a perched groundwater system that contaminated the adjacent shallow aquifer in the southern area of the site," the suit states.
Apache, which manufactures solid and liquid ammonium nitrate, ammonium nitrate-based fertilizers, nitric acid and aqua ammonia, was placed on a national watch list in 1990.
Taking EPA claims seriously, ANPI embarked on a lengthy project to get the groundwater contamination under control.
In 1997, the EPA signed a record of decision to require Apache to clean up the site, which is how the wetlands came into existence. After three years of construction, the wetlands solved the nitrate problem. The ponds are designed to remove nitrate from groundwater.
In 2008, ANPI celebrated the successful completion of the national order, with the blessing of the EPA and Arizona Department of Environmental Quality.
Soon after the celebration in 2008, the EPA said ANPI had met all requirements in the order, and the wetlands have now become one of the company's routine operations.
Now, Cashdollar said the only thing still to be discussed was the cost. If the civil suit moves forward as planned, the ANPI CEO said they will pay about $1.2 million to compensate the EPA for the time spent to make sure ANPI met all federal requirements in the cleanup efforts.
Apache Nitrogen Products, Inc. (ANPI) may reimburse the Environmental Protection Agency (EPA) up to $1.2 million for costs the federal agency incurred over the last 20 years to oversee cleanup of Apache's Superfund Site.
The government filed a civil suit against ANPI last week stating, "This is a civil action brought pursuant to Sections 106 and 107 of the Comprehensive Environmental Response, Compensation, and Liability Act against defendant Apache Nitrogen Products, Inc., formerly known as Apache Powder Company, for recovery of the costs incurred in response to releases and threatened releases of hazardous substances at the Apache Powder Superfund Site in Benson, Arizona. The United States also seeks a declaration that Apache is liable for future costs of response not inconsistent with the National Contingency Plan."
Bob Cashdollar, CEO of ANPI, said the civil suit is a part of the process, noting that over the summer they were in negotiations with the EPA to resolve the claims against the company.
Cashdollar said they have agreed on $1.2 million, and the civil suit is the next step in the process.
"Earlier this summer, Apache reached a mutually beneficial settlement with the EPA and the Department of Justice (DOJ), and entered into a Consent Decree at that time. This week, as a matter of normal course in the settlement process, the DOJ, on behalf of the EPA, filed a suit in the U.S. District Court for the District of Arizona, relating to these matters."
In the near future, Cashdollar said DOJ will likely file a motion with the court to lodge the Consent Decree the two sides negotiated.
Cashdollar said the agreement "demonstrates a significant development and demonstrates Apache's commitment to environmental responsibility."
Providing some background in the civil suit, the DOJ said prior to 1971, ANPI discharged facility wastewater at the site into dry washes that flowed into the San Pedro River, resulting in contamination to the shallow aquifer, both in the northern and southern areas of the site. The wastewater was composed of wash-down and blow-down waters from the powerhouse cooling tower, the nitric acid plant, and handling and storage of raw materials and product.
"From 1971 to 1995, Apache discharged wastewater into unlined evaporation ponds at the site, creating a perched groundwater system that contaminated the adjacent shallow aquifer in the southern area of the site," the suit states.
Apache, which manufactures solid and liquid ammonium nitrate, ammonium nitrate-based fertilizers, nitric acid and aqua ammonia, was placed on a national watch list in 1990.
Taking EPA claims seriously, ANPI embarked on a lengthy project to get the groundwater contamination under control.
In 1997, the EPA signed a record of decision to require Apache to clean up the site, which is how the wetlands came into existence. After three years of construction, the wetlands solved the nitrate problem. The ponds are designed to remove nitrate from groundwater.
In 2008, ANPI celebrated the successful completion of the national order, with the blessing of the EPA and Arizona Department of Environmental Quality.
Soon after the celebration in 2008, the EPA said ANPI had met all requirements in the order, and the wetlands have now become one of the company's routine operations.
Now, Cashdollar said the only thing still to be discussed was the cost. If the civil suit moves forward as planned, the ANPI CEO said they will pay about $1.2 million to compensate the EPA for the time spent to make sure ANPI met all federal requirements in the cleanup efforts.
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