EPA Enforcement Roundup: Week of 6/13
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.
In this week's EPA Enforcement Roundup, a realty company in St. Thomas, Virgin Islands will reimburse EPA for cleanup costs at a Superfund site at the location of a former dry cleaning business. Plus, a petroleum distributor will pay $60K for an oil spill over the San Diego River.
A California petroleum distributor will pay nearly $60,000 to settle violations of the Clean Water Act Section 311(b)(3) stemming from a fuel tank truck that overturned on an overpass above the San Diego River in May 2016.
WHO: A petroleum distributor
WHERE: Carlsbad, CA
WHAT: Clean Water Act oil spill violation
HOW MUCH: $59,400
The Clean Water Act—amended by the Oil Pollution Act of 1990 following the Exxon Valdez spill near Alaska—prohibits “the discharge of oil or hazardous substance into or upon the navigable waters of the US and adjoining shorelines.” See the Final Consent Order here.
To reimburse US EPA for cleanup of hazardous substances at the Tutu Wellfield Superfund Site in St. Thomas, US Virgin Islands, a realty company that leased land to a dry cleaning business will pay $300,000.
WHO: A realty company and dry cleaning business
WHERE: St. Thomas, Virgin Islands
WHAT: CERCLA Consent Decree
HOW MUCH: $300,000
According to the Department of Justice compliant, the dry cleaning business used a common dry cleaning chemical, tetracloroethene (also known as PCE) in its operations for two decades and disposed of it on the property. The disposal of PCE caused contamination to the soil and groundwater, necessitating costly cleanup under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
Do you do cleanup work at a Superfund site or other “uncontrolled hazardous waste site”? If so, keep your HAZWOPER certification up-to-date and meet OSHA’s annual training requirement with the 8-Hour HAZWOPER Online Course.
Have questions about your responsibilities for disposing of chemicals under CERCLA or EPCRA? Check out the Superfund and Right-to-Know Act Regulations Online Course, available anytime, anywhere.
EPA has fined a California pesticide repackager and distributor with multiple violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The violations were uncovered during inspections carried out by the California Department of Pesticide Regulation and included failure to properly label pesticide containers, failure to keep proper tank inspection and maintenance records, failure to put in place proper containment in its storage tank filling area, and more.
WHO: A chemical company and pesticide distributor
WHERE: Brawley, CA
WHAT: FIFRA pesticide violations
HOW MUCH: $50,929
The specific pesticide the company distributes is called Eptam 7E, a known nerve-signal disrupter in humans that can cause harm if swallowed, inhaled, or absorbed through the skin.
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