UNITED STATES DISTRICT COURTFOR THE CENTRAL DISTRICT OF ILLINOISUNITED STATES OF AMERICA,))Plaintiff,))))BUNGE NORTH AMERICA, INC., ) CIVIL ACTION BUNGE NORTH AMERICA (EAST), L.L.C., ) NO.BUNGE NORTH AMERICA (OPD WEST), INC., )AND )BUNGE MILLING, INC. ))Defendants. )
COMPLAINT
The United States of America, by the authority of theAttorney General of the United States and through theundersigned attorneys, acting at the request of theAdministrator of the United States Environmental ProtectionAgency (“EPA”), alleges:
NATURE OF THE ACTION
1. This is a civil action brought against Defendants,Bunge North America, Inc. (“Bunge”), and its wholly ownedsubsidiaries Bunge North America (East), L.L.C. (“BungeEast”), Bunge North America (OPD West), Inc. (“Bunge OPDWest”), and Bunge Milling, Inc. (“Bunge Milling”), forviolations of the following statutory and regulatoryrequirements of the Clean Air Act (the “Act”), 42 U.S.C.v.
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§ 7401 et seq. at their twelve (12) processing plants ateleven (11) facilities nationwide: Part C of Title I of theAct, 42 U.S.C. §§ 7470-7492, Prevention of SignificantDeterioration (“PSD”); certain New Source PerformanceStandards (“NSPS”), 42 U.S.C. § 7411, 40 C.F.R. Part 60;Title V of the Act, 42 U.S.C. §§ 7661-7661f, Permits; thestate or federal implementation plans (“SIPs”) forLouisiana, Indiana, Illinois, Kansas, Ohio, Mississippi,Iowa, and Alabama which incorporate and/or implement theabove-listed federal requirements; and SIP permittingprograms for construction and operation of new and modifiedstationary sources of air pollution. 2. The United States seeks an injunction ordering each Defendant to comply with the above-cited Clean Air Actrequirements and regulations promulgated thereunder, andcivil penalties for each Defendant's past and ongoingviolations.
JURISDICTION AND VENUE
3. This Court has jurisdiction of the subject matterof this action pursuant to Section 113(b) of the CAA, 42U.S.C. § 7413(b), and 28 U.S.C. §§ 1331, 1345.4. Venue is proper in this District pursuant to 42U.S.C. § 7413(b) and 28 U.S.C. § 1391 (b) and (c), because
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Defendant Bunge Milling owns and operates a facility in thisDistrict.
NOTICES
5. The United States provided notice of theviolations alleged herein to each of the eight (8) stateswhere the Defendants’ facilities are located, in accordancewith Section 113 of the Act, 42 U.S.C. § 7413.6. The 30-day period established in Section 113 ofthe Act, 42 U.S.C. § 7413, between the notice of violationprovided by the United States and the commencement of thiscivil action has elapsed.
THE DEFENDANTS
7. Bunge is a New York corporation and a subsidiaryof Bunge N.A. Holdings, Inc. Bunge is a leading oilseedprocessor and corn dry miller and a leading U.S. exporter ofsoybeans and soybean-derived products (meal and oil). BungeEast, a Delaware limited liability company, Bunge OPD West,a Delaware corporation, and Bunge Milling, an Illinoiscorporation, are wholly-owned subsidiaries of Bunge. 8. Each Defendant is a "person" within the meaning ofSection 302(e) of the Act, 42 U.S.C. § 7602(e).
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Environmental Protection Agency: bunge-cp
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| Upload Date: | 01/27/2008 |
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