EPA Enforcement Roundup: Week of 11/15
EPA raised its maximum civil penalties in 2016, making it more critical than ever that EHS professionals understand how these complex regulatory programs affect their facilities. We hope providing information about EPA enforcement cases will help you identify and fix noncompliance issues that could leave your company facing down costly penalties and future liability.
WHO: A railcar cleaning company
WHERE: Omaha, NE
WHAT: An Imminent and Substantial Endangerment Administrative Order for continued failure to comply with RCRA hazardous waste rules.
HOW MUCH: Up to $14,023 per violation if the company fails to comply
Under a newly issued Imminent and Substantial Endangerment Administrative Order, a rail car cleaning company in Nebraska must take immediate steps to protect human health and the environment after EPA site inspections found the company failed to identify, handle, and dispose of its hazardous waste in accordance with the Resource Conservation and Recovery Act.
The company must now manage its hazardous wastes—about 10.000 lbs. per month combined of solid crude oil, liquid crude oil, ethanol and methanol according to EPA—in compliance with RCRA. In addition, the company must provide reports to EPA of the hazardous waste determinations and disposal practices.
WHO: A major petroleum refiner
WHERE: Lemont, Illinois
WHAT: Clean Air Act violations
HOW MUCH: $1,955,000 + $42 million in injunctive relief
For violations of the Clean Air Act, one of the nation’s largest providers of petrochemicals will pay nearly $2 million in civil penalties and spend an additional $42 million in injunctive relief. In addition to violating the Clean Air Act, the operations at the Lemont, Illinois refinery did not comply with the company’s global refinery consent decree reached in 2004.
Among the violations listed by EPA are noncompliance with New Source Review permitting requirements, failure to adequately eliminate or control emissions, failure to continuously monitor emissions, and violating the Standards of Performance for Equipment Leaks of VOC.
WHO: The city of Industry, California To settle allegations it violated the Clean Water Act by altering a streambed that runs through a “former hippie village” in California, the city of Industry will pay a $5 million in restitution. Half of that amount will go toward the design and construction of a storm drain collection and water treatment system.
WHERE: Industry, CA
WHAT: Illegal dredging under the Clean Water Act
HOW MUCH: $5 million
According to reports, the dredging activity—which deposited 880,000 gallons of material into the San Gabriel River—was performed by employees of a company owned by the city’s former mayor.
The San Gabriel valley Tribune has more on this EPA enforcement action here.
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