EPA Enforcement Roundup: Week of 4/25
In January 2017, EPA raised its fines for noncompliance with major environmental programs. We hope that providing information about EPA enforcement cases will help you identify and fix noncompliance issues that could leave your company facing costly penalties and future liability.
Who: The former owner a drum cleaning business
Where: Jessup, PA
What: Illegal storage of hazardous waste
How much: Up to $500,000 or 20 years in jail.
The former owner of an industrial drum cleaning business now faces four felony and two misdemeanor criminal charges resulting from a 2014 facility fire. The state of Pennsylvania alleges the owner violated the state’s Solid Waste Management Act by operating a hazardous waste facility without a permit. Read more about this enforcement case in the Times-Tribune here.
Under Pennsylvania’s Solid Waste Management Act, Section 606(f) and (g), a felony violation of the Act is punishable by a fine of up to $500,000 or up to 20 years in jail.
Who: A seafood processing plant
Where: Dutch Harbor, AK
What: Self-reported Clean Air Act violations
How much: $3.3 million in penalties and injunctive relief
According to a Consent Decree from the US DOJ, an Alaska seafood company will spend more than $3 million to resolve self-reported violations of its Clean Air Act permit. The company reported these violations to US EPA after finding that three employees disabled pollution control equipment and falsified records between 2009 and 2011—resulting in 100+ tons of excess nitrous oxides (NOx) emissions. These employees were charged and prosecuted with criminal Clean Air Act violations in 2014.
In addition to paying a $1.3 million civil penalty to resolve its liability, the company will train employees on Clean Air Act compliance requirements and implement new systems to monitor, control, and report air emissions. Also, a third-party auditor will conduct annual inspections of the facility and review the facility’s records semi-annually. The same company paid $570,000 for Clean Air Act and EPCRA violations in 2010.
Who: Two California agribusiness firms
Where: Central Valley, CA
What: FIFRA pesticide storage and labeling requirements
How much: $131,920 combined
Two businesses that operate facilities in California’s Central Valley face civil penalties from US EPA for violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) pesticide labeling and storage regulations. The facilities, at which 23 FIFRA violations were uncovered, are located in Stockton, Traver, Five Points, Terra Bella, Colusa, and Reedley.
Among the violations listed in EPA’s press release are missing, incorrect, or incomplete pesticide labels; failure to anchor or elevate bulk pesticide storage tanks; failure to seal cracks in pesticide containment pads; improper use of refillable containers; and more.
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Tags: CERCLA, Clean Air Act, EPA, EPA Enforcement Roundup, FIFRA, fines and penalties, RCRA
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