EPA Enforcement Roundup: Week of 6/6

Every day, facilities across the US receive Notices of Violation from Federal and State environmental agencies for alleged noncompliance with a wide variety of programs like the Clean Air and Clean Water Acts, chemical management and reporting regulations (TSCA, EPCRA, CERCLA, etc.), hazardous waste management and disposal standards (RCRA), and much more.
 
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.
 
This week, our EPA Enforcement Roundup includes the owner of an environmental consulting company facing jail time for waste manifest violations and a farm in Hawaii that allegedly violated EPA’s regulations for pesticides.

WHO: An agriculture company
WHERE: Oahu, HI
WHAT: Pesticide safety and training violations
HOW MUCH: $26,700

For allegedly violating US EPA’s rules for worker protections and pesticide use, a Hawaii farm will pay $26,700. EPA states in its press release that between 2012 and 2015 the Hawaii Department of Agriculture uncovered violations during inspections, including:

• Failure to provide safety information or proper PPE to applicators and handlers

• Failure to provide pesticide safety training for employees 

In addition to the worker protection violations, EPA says the company applied pesticides to its basil crops that are not authorized for that use because they contain the ingredients malathion, carbaryl, and dimethoate.

 

WHO: An environmental consulting company
WHERE: Grand Island, NY
WHAT: Failure to prepare a waste manifest for asbestos
HOW MUCH: 2 years in jail and $250,000 maximum

For alleged criminal violations of Clean Air Act rules for transporting and disposing of asbestos, the head of an environmental consulting company now faces possible jail time and a six-figure fine.

While performing asbestos abatement work at a shelter in Buffalo, NY, employees removed asbestos and transported it to the consulting company’s facility on Grand Island, NY. According to the Department of Justice, the company falsified hazardous waste manifests—required for asbestos shipments under the Clean Air Act—by providing an incorrect date for an asbestos shipment. In addition, the US EPA discovered asbestos improperly left behind at the remediation site.

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Tags: Act, Air, Clean, EPA, EPA Enforcement Roundup, fines and penalties