EPA Enforcement Roundup: Week of 11/8

Posted on 11/8/2016 by Roseanne Bottone

Every day, facilities all across America receive Notices of Violation from US EPA for alleged noncompliance with a wide variety of programs like the Clean Air and Clean Water Acts, chemical management and reporting regulations, hazardous waste management and disposal standards, and much more.

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: An industrial complex
WHERE: St. Thomas, US Virgin Islands
WHAT: Clean Water Act violations
HOW MUCH: Up to $51,570 per day, per violation   

US EPA identified noncompliance with the Clean Water Act rules for stormwater and wastewater discharge at a quarry complex where activities included mining, stone processing, concrete mixing and mason block manufacturing.

US EPA logoAccording to US EPA, the owner of the complex discharged stormwater and wastewater without the required management systems in place. To come into compliance with the Clean Water Act, the company will establish an Environmental Compliance Management Program, conduct engineering analysis of potential pollution sources, and complete a survey of local waters, and report monthly to US EPA. EPA has yet to levy civil penalties in this case, but as of August 1, 2016, the maximum civil penalty for Clean Water Act violations is $51, 570 per day, per violation.

WHO: A former wood treating plant
WHERE: Prescott, AZ
WHAT: Reimbursement for CERCLA hazardous waste clean up
HOW MUCH: $4.6 million (including $3M in stocks)

When the owner of a wood treatment plant that operated in Prescott, AZ for 20 years went bankrupt, the company’s corporate successor inherited the obligations for cleaning up the hazardous waste left on site.  This settlement shows how under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), a company can be held liable for hazardous substance clean up on its property, even if the company did not generate the waste through its own operations.  

To find out how sites are designated for clean up under CERCLA, read Understanding Superfund Discover and Remediation.

WHO:  Renovation contractors, landlords, and property managers
WHERE:  Nationwide
WHAT: 100+ TSCA and Lead Paint enforcement actions
HOW MUCH: A combined $1,046,655

For violation of three rules related to abatement and disclosure surrounding lead based paints, which are part of the Federal Toxic Substances Control Act (TSCA) and the Residential Lead-Based Paint Reduction Act, US EPA has entered into 123 settlements with contractors, landlords, and property managers across the country this year.

See a list of the EPA settlements here.

Complete EPA Regulations Workshops – 2017 Schedule Now Available!

Managing site compliance with the many complex EPA programs that affect your business—from the Clean Air and Clean Water Acts to TSCA, FIFRA, EPCRA, and more—is a major challenge. If you’re new to the field, or need an update on changing EPA rules, the Complete Environmental Regulations Workshop will help you identify the requirements that apply to your facility and make decisions that put your team in a position to succeed.

Planning for next year? The 2017 schedule is available now and includes a workshop in our new Environmental Training Center in Sparta, NJ! Sign up to build your understanding of your environmental responsibilities and get a full year of Lion Membership for complete on-the-job compliance support. 

Tags: CERCLA, Clean Water Act, EPA, Superfund, TSCA

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