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EPA Announces Summary of Enforcement Actions for Spring 2012

(Seattle – August 10, 2012) The U.S. Environmental Protection Agency (EPA) completed 38 enforcement actions from April 1 through June 30, 2012 to ensure individuals, businesses, and governments comply with the nation’s laws that protect public health and the environment.

Before taking enforcement actions, the EPA offers compliance assistance to help regulated industries and individuals understand and comply with federal environmental laws. When these laws are broken, it puts people’s health and the environment at risk. Those who don’t comply with the laws also gain an unfair business advantage over those who have invested in pollution controls and comply with the law.

Below is a summary table of EPA’s enforcement actions from April - June 2012. In some cases penalties are issued to help ensure a level playing field for and to deter future violations. Penalty amounts may vary depending on a variety of factors, such as the number and magnitude of violations, how quickly the violations are corrected, whether there is a history of violations, and the ability of the respondent to pay. Compliance Orders direct the violator to bring their activities back into compliance with environmental laws, and do not include penalties.


April 1 - June 30, 2012

 

State

City of violation

Date issued/ filed

Respondent

Description of Alleged Violation

Penalty amount

 

 

 

 

 

 

AK

Cordova

04/05/12

Shoreside Petroleum, Inc.

Failure to sample discharges according to Clean Water Act (CWA)* permit for tank farms.

$70,000

AK

Haines

04/20/12

Robert and Nancy Loomis

Clean Water Act (CWA)* violations for unauthorized filling into wetlands and construction stormwater discharges without a permit.

$22,500

AK

N/A

05/11/12

Ocean Peace, Inc.

Violating Clean Water Act (CWA)* discharge permit on fishing vessel “Ocean Peace.”

$98,000

AK

Unalaska

06/08/12

Alyeska Seafoods, Inc.

Violations of Risk Management Program (RMP)* requirements at seafood processing plant.

$43,373

AK

Offshore

06/21/12

Akulurak, LLC

Fishing Vessel M/V Courageous failed to report and monitor discharges according to the (CWA)* Offshore Seafood Processors General Permit.

$1,500

ID

Buhl

03/25/12

Fish Breeders of Idaho, Inc.

Catfish aquaculture facility exceeded its phosphorus discharge limits and submitted reports late under a (CWA)* permit.

$15,000

ID

Idaho County

04/05/12

City Service Valcon

Tanker truck spilled 950 gallons of fuel, in violation of (CWA)* oil and hazardous substances liability requirements.

$3,000

ID

Caldwell

04/27/12

Rhodes International

Failure to properly report the storage of ammonia at Caldwell, ID facility. Emergency Planning and Community Right-to-Know Act (EPCRA)

$84,484

ID

Cottonwood

05/18/12

Idaho Department of Corrections

Exceeding (CWA)* permit requirements for ammonia, E. coli, biological oxygen demand, total suspended solids, and pH; at the North Idaho Correctional Institution

$51,000

ID

Rupert

05/21/12

Brewster West LLC

Violations of Risk Management Program (RMP)* requirements for anhydrous ammonia (CAA)* at cheese factory.

$4,260

ID

Ahsahka

05/25/12

Ahsahka Water and Sewer District

Wastewater treatment plant violations of (CWA)* permit for discharge of E. coli, total suspended solids, total residual chlorine, and pH.

$694

ID

Culdesac

05/25/12

City of Culdesac

Wastewater treatment plant violations of (CWA)* permit for discharge of E. coli, biochemical oxygen demand, total suspended solids, total residual chlorine, and pH.

$1,000

ID

Caldwell

06/13/12

City of Caldwell

Wastewater treatment plant violations of (CWA)* permit for discharge of total suspended solids and total ammonia.

$11,000

ID

Wilder

06/13/12

City of Wilder

Wastewater treatment plant violations of (CWA)* permit for discharge of E. coli,   biochemical oxygen demand, total suspended solids and total residual chlorine.

$3,100

OR

Pendleton

04/16/12

Joe McDonald

Agricultural burning on the Umatilla Indian Reserbation during a “no-burn day” in violation of the Federal Air Rules for Reservations (FARR)*.

$1,300

OR

Portland

04/16/12

BNSF Railway Co.

Removing contaminated soil from under a Superfund cleanup cap without identifying the hazardous waste (RCRA)*

$37,500

OR

Portland

04/16/12

Kanto Corporation

Failure to submit timely Toxic Chemical Release Inventory (TRI)* Reporting Forms for ammonia, hydrogen fluoride, and nitric acid. (EPCRA)*

$58,200

OR

White City

04/24/12

Thermo Fluids, Inc.

Deficient Spill Prevention Control and Countermeasures (SPCC)* plan and inadequate secondary containment measures.

$1,400

OR

Portland

04/25/12

Columbia Sportswear

Sale and distribution of misbranded pesticide infused clothing products. (FIFRA)*

$22,880

Stop Sale Order

OR

Boardman

04/27/12

Columbia River Processing, Inc.

Released 2,400 pounds of anhydrous ammonia at a cheese producing facility and failed to notify federal, state and local authorities in violation of (EPCRA)* and (CERCLA)*.

$42,435

OR

Portland

05/25/12

American Property Management

Failed to notify tenants of possible presence of lead in residences before signing lease housing contracts. (TSCA)*

$10,000

OR

Nehalem

05/30/12

Dila Dairy, Inc.

Discharged pollutants from Confined Animal Feeding Operation in violation of (CWA)* permit.

$10,000

OR

Klamath Falls

06/29/12

Curtis O. Baney Marital Trust

Failed to notify tenants of possible presence of lead in residences before signing lease housing contracts. (TSCA)*

$24,600

OR

Vale

06/29/12

Farmers Supply Cooperative, Inc.

Produced pesticides in an unregistered facility. (FIFRA)*

$2,080

WA

Wapato

04/26/12

Pace International LLC

Sale and distribution of misbranded pesticide products. (FIFRA)*

$6,000

Stop Sale Order

WA

Bellingham

05/11/12

Robert Kerr

Failed to notify tenants of possible presence of lead in residences before signing lease housing contracts. (TSCA)*

$21,800

WA

Seattle

05/15/12

Machinists (DSR), Inc.

Failure to submit timely Toxic Chemical Release Inventory (TRI)* Reporting Forms for xylene. (EPCRA)*

$8,500

WA

Whatcom County

05/15/12

Nielsen Brothers, Inc.

Truck spilled 120 gallons of diesel, in violation of (CWA)* oil and hazardous substances liability requirements.

$11,000

 

WA

Toppenish

06/19/12

Green Acre Farms, Inc.

EPA’s Federal Air Rules for Reservations (FARR)* resulting from burning prohibited materials and open burning during burn bans.

$3,500

*List of acronyms:

CAA – Clean Air Act

CERCLA - Comprehensive Environmental Response, Compensation, and Liability

CWA – Clean Water Act

EPCRA – Emergency Planning and Community Right to Know Act

FARR – Federal Air Rules for Reservations

FIFRA – Federal Insecticide, Fungicide and Rodenticide Act

RCRA – Resource Conservation and Recovery Act

RMP – Risk Management Program

SDWA – Safe Drinking Water Act

TRI – Toxic Release Inventory

UST – Underground Storage Tank

TSCA - Toxic Substances Control Act

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