EPA Enforcement Roundup: Week of 9/4

Posted on 8/30/2018 by Roger Marks

In today’s EPA Enforcement Roundup—EPA and DOJ reach an $11 million CERCLA agreement, and a vegetable oil and biodiesel plant faces a half-a-million dollar fine for Clean Water Act SPCC violations. In addition, the owners of a rail car cleaning company have been indicted for their actions surrounding a 2015 explosion that killed 2 workers.

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All accusations of environmental violations herein are “alleged” unless otherwise noted. Lion News does not publish names of individuals or companies impacted by EPA enforcement.

WHO: A former military explosives disposal site
WHERE: Elkton, MD
WHAT: CERCLA cleanup consent decree
HOW MUCH: $11.75 million

shutterstock_791716642.jpgUS EPA and the Department of Justice have announced an agreement to fund the investigation and cleanup of a military explosives disposal site that will see two former owners of the site pay $5.5 million and the US military pay $6.25 million.

The site began as a fireworks manufacturing facility in 1933, later expanding to manufacture munitions and explosives for the US Army and US Navy. During and immediately after World War II, the site became a disposal area for waste explosives.

To keep your site in compliance with the latest RCRA hazardous waste regulations, you need up-to-date training that builds real-world knowledge and skills. Join us when Lion presents the RCRA Hazardous Waste Management Workshop in Minneapolis, Cedar Rapids, Chicago, St. Louis, Louisville, Cincinnati, and Indianapolis this month. 

WHO: A railcar cleaning company
WHERE: Nebraska
WHAT: OSH Act and RCRA violations
HOW MUCH: 22 civil and criminal counts

In a 22-count indictment, a railcar cleaning company and its executives are accused of failing to enact appropriate worker protections—including failure to test for hazardous gases in tank cars which employees cleaned out, and confined space violations.

In January 2015, as employees were cleaning out a tank car, the contents exploded, killing two employees and injuring a third. In the investigation that followed, the indictment states that the owners of the company made false statements and representations to OSHA. In addition, the company failed to make hazardous waste determinations or properly manage waste generated at the site.

WHO: Vegetable oil and biodiesel facilities  
WHERE: Iowa, Nebraska, and Minnesota
WHAT: Clean Water Act violations
HOW MUCH: $500,000

For alleged noncompliance with Clean Water Act oil spill requirements at a number of Midwest facilities that produce, process, refine, and store vegetable oil and biodiesel, EPA has announced a six-figure civil penalty. In addition to violations of EPA’s Spill Prevention, Control, and Countermeasure (SPCC) requirements, the facilities failed to submit an SPCC Facility Response Plan (FRP) – required for facilities with an oil storage capacity greater than one million gallons.  

In addition to the half-million civil penalty, the company will install a monitoring system for oil tanks at a cost of about $200,000.

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Tags: Act, Clean, EPA, EPA Enforcement Roundup, fines and penalties, hazardous waste, OSH Act, Water

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