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2007 Region 10 Compliance and Enforcement Annual Results
FY2007 Annual Results Topics
EPA enforcement drives pollution reductions in 2007
For 2007, the U.S. Environmental Protection Agency has reported that enforcement and compliance actions in the Pacific Northwest and Alaska helped reduce or treat 9.1 million pounds of pollution in the region. EPA enforcement data for Fiscal Year 2007 also reveals that 203 completed enforcement actions resulted in facilities investing $31 million in order to comply with federal environmental rules.
According to Elin D. Miller, EPA’s regional administrator in Seattle, the Agency’s enforcement and compliance program helps protect communities, the environment and inspires responsibility in the regulated community.
“Tough enforcement means cleaner neighborhoods.” - Elin Miller, EPA Regional Administrator
“Tough enforcement means cleaner neighborhoods,” said Miller. “When people and businesses pollute illegally, we all pay the price where we live, work and play. At EPA, we try to make it easy for companies and individuals to see the benefits of playing by the rules and obeying the law. Part of being a sustainable business in today’s economy means realizing that pollution never pays.”
Compliance and Enforcement Annual Results
Numbers at a Glance
Region 10
| Results Obtained from EPA Civil Enforcement Actions | ||
|---|---|---|
| Direct Estimated Environmental Benefits | ||
| Pollutants Reduced (Pounds) | 9,105,137* | |
| Contaminated Soil to be Cleaned Up (Cubic Yards) | 111,111 | |
| Contaminated Water to be Cleaned Up (Cubic Yards) | 1,666,666 | |
| Stream Miles (Linear Feet) | 2,800 | |
| Wetlands Protected (Acres) | 125 | |
| Investments in Pollution Control and Clean-up (Injunctive Relief) | $31,123,449 | |
| Investments in Supplemental Environmental Projects (SEPs) | $450,918 | |
| Civil Penalties | ||
| Administrative Penalties | $1,173,940 | |
| Judicial Penalties | $1,391,109 | |
| Stipulated Penalties | $1,530,750 | |
| EPA Civil Enforcement and Compliance Activities | ||
| Referrals of Civil Judicial Enforcement Cases to Department of Justice (DOJ) | 12 | |
| Supplemental Referrals of Civil Judicial Enforcement Cases to DOJ | 2 | |
| Civil Judicial Complaints Filed with Court | 5 | |
| Civil Judicial Enforcement Case Conclusions | 9 | |
| Administrative Penalty Order Complaints | 147 | |
| Final Administrative Penalty Order Settlements | 157 | |
| Administrative Compliance Orders | 37 | |
| Cases with SEPs | 10 | |
| EPA Compliance Monitoring Activities | ||
| Inspections/Evaluations | 979 | |
| Civil Investigations | 11 | |
| Number of Regulated Entities Taking Complying Actions during EPA Inspections/Evaluations | 60 | |
| Number of Regulated Entities Receiving Assistance during EPA Inspections/Evaluations | 661 | |
| EPA Superfund Cleanup Enforcement | ||
| Remedial Action (RA) Starts where Settlement Reached or Enforcement Action Taken by the time of the RA Start (during the FY) at Non-Federal Superfund Sites that have Known Viable, Liable Parties (%) | 100% | |
| Private Party Commitments for Site Study and Cleanup (incl cashouts) | $22,840,000 | |
| Private Party Commitments for Cost Recovery | $17,876,268 | |
| Cost Recovery Statute of Limitation Cases Addressed with Total Past Costs Greater than or Equal to $200,000 (%) | 100% | |
| EPA Voluntary Disclosure Program | ||
| Facilities Initiated | 18 | |
| Companies Initiated | 17 | |
| Notices of Determination (NODs) | 13 | |
| Facilities Resolved | 13 | |
| Companies Resolved | 13 | |
| EPA Compliance Assistance | ||
| Total Entities Reached by Compliance Assistance | 47,828 | |
Federal Data Presented State-by-state
EPA works in partnership with states in targeting federal enforcement where it produces the most environmental benefit.
Region 10, Alaska
| Results Obtained from EPA Civil Enforcement Actions | |
|---|---|
| Direct Environmental Benefits | |
|
4,331,627 |
| Investments in Pollution Control and Clean-up (Injunctive Relief) | $2,995,614 |
| Investments in Supplemental Environmental Projects (SEPs) | $175,562 |
| Civil Penalties | $1,492,849 |
| Counts of EPA Civil Enforcement Actions | |
| Civil Judicial Conclusions | 1 |
| Final Administrative Penalty Orders | 24 |
| Administrative Compliance Orders | 3 |
Region 10, Idaho
| Results Obtained from EPA Civil Enforcement Actions | |
|---|---|
| Direct Environmental Benefits | |
|
1,475,367 |
| Investments in Pollution Control and Clean-up (Injunctive Relief) | $4,601,667 |
| Civil Penalties | $330,299 |
| Counts of EPA Civil Enforcement Actions | |
| Final Administrative Penalty Orders | 57 |
| Administrative Compliance Orders | 10 |
Region 10, Oregon
| Results Obtained from EPA Civil Enforcement Actions | |
|---|---|
| Direct Environmental Benefits | |
|
651 |
| Investments in Pollution Control and Clean-up (Injunctive Relief) | $1,192,483 |
| Investments in Supplemental Environmental Projects (SEPs) | $8,280 |
| Civil Penalties | $163,450 |
| Counts of EPA Civil Enforcement Actions | |
| Civil Judicial Conclusions | 2 |
| Final Administrative Penalty Orders | 20 |
| Administrative Compliance Orders | 16 |
Region 10, Washington
| Results Obtained from EPA Civil Enforcement Actions | |
|---|---|
| Direct Environmental Benefits | |
|
136,794 |
|
111,111 |
|
1,666,666 |
| Investments in Pollution Control and Clean-up (Injunctive Relief) | $22,325,180 |
| Investments in Supplemental Environmental Projects (SEPs) | $267,076 |
| Civil Penalties | $607,051 |
| Counts of EPA Civil Enforcement Actions | |
| Civil Judicial Conclusions | 6 |
| Final Administrative Penalty Orders | 57 |
| Administrative Compliance Orders | 8 |
*The regional pollution reduction total includes additional reductions not reflected in the individual state totals.
Federal Case Highlights Presented State-by-state
Alaska: total penalties assessed: $1,492,849
Icicle Seafoods agrees to pay $900,000 to settle EPA Clean Water Act Complaint
(Anchorage, Alaska – September 20, 2007) Icicle Seafoods, Inc. and its wholly owned subsidiary, Evening Star, Inc., have agreed to spend nearly $2 million to resolve Clean Water Act violations associated with the operation of the M/V Northern Victor, a seafood processing vessel, in Alaska’s Udagak Bay. The settlement requires the payment of a $900,000 civil penalty. Icicle has already spent approximately $1.1 million cleaning up a historic seafood waste pile that created a one-acre “dead zone” on the Alaskan seafloor. Read entire press release
EPA reaches $44,600 settlement with Juneau Auto Dealer for used oil handling violations
(Juneau, Alaska – May 10, 2007) Michael Hatch of Mike Hatch Jeep (4755 North Douglas Highway) in Juneau has reached a $44,600 settlement with the U.S. Environmental Protection Agency (EPA) to resolve failures to properly manage used oil at his facility. An inspection of the dealership and a review of company records by EPA found a number of used oil violations of the federal Resource Conservation and Recovery Act (RCRA) at Mike Hatch Jeep. Mike Hatch Jeep was cooperative with EPA, resulting in a quick settlement and has since certified that they have corrected these violations. Read entire press release
EPA settles with Anchorage Company for over $117,000 for waste handling violations
(Anchorage, Alaska – April 30, 2007) The U.S. Environmental Protection Agency (EPA) announced a $117,600 settlement with Precision Power, LLC (a hazardous waste generator) for failure to properly manage hazardous waste at its facility located at 5801 Silverado Way, Anchorage, Alaska. An inspection of the Precision Power facility and reviews of company records by EPA found the following violations of the federal Resource Conservation and Recovery Act (RCRA): Storage of hazardous waste without a proper permit; Transportation of hazardous waste without a shipment manifest; Failure to properly label containers and above-ground tanks containing used oil; Failure to retain copies of hazardous waste shipment manifests; and Failure to timely submit required information to EPA. Read entire press release
Coeur Alaska Inc. agrees to pay over $100,000 to settle Clean Water Act violations
(Juneau, Alaska – Dec. 21, 2006) Coeur Alaska Inc. (Coeur Alaska) has agreed to pay an EPA penalty of $18,334 to resolve federal Clean Water Act (CWA) violations at the Kensington Gold Project located 40 miles north of Juneau, Alaska. In addition to the penalty, Coeur Alaska has also agreed to perform a Supplemental Environmental Project (SEP) which will provide $90,000 towards the acquisition of a wetland near Juneau. The wetland will be protected under a conservation easement. The violations include exceedances in the aluminum limit in the mine’s effluent discharges into Sherman Creek, turbidity exceedances in construction storm water discharge into Johnson Creek and inadequate implementation of the mine’s storm water pollution prevention plan. These violations occurred largely in 2005. The mine currently is under construction and development as it prepares for active mining operations in 2007. Read entire press release
Costly reminder of asbestos dangers: Salvation Army takes steps to abate asbestos and pays nearly $77,000 to EPA for Clean Air Act Violations
(Anchorage, Alaska – Feb. 21, 2007) An Anchorage Salvation Army thrift store has agreed to pay a $76,906 penalty to settle with the U.S. Environmental Protection Agency (EPA) for alleged violations of the asbestos National Emissions Standards for Hazardous Air Pollutants (asbestos NESHAP) under the Clean Air Act. In response to customer complaints, EPA conducted an inspection of an Anchorage Salvation Army thrift store and found untrained workers removing over 7,500 square feet of asbestos-containing floor tile during business hours. Samples collected by EPA’s inspector showed the floor tile contained asbestos. Read entire press release
Idaho: total penalties assessed: $330,299
Bruneau Cattle Company Agrees to Pay $40,000 to Resolve Clean Water Act Violations
(Bruneau, Idaho – Oct. 29, 2007) Bruneau Cattle Co. has agreed to pay a $40,000 penalty to settle alleged Clean Water Act violations. According to the U.S. Environmental Protection Agency (EPA), the violations occurred at the Bruneau Cattle Company’s feedlot, located on Jack’s Creek Road in Owyhee County, near the town of Bruneau, Idaho. The settlement resolves alleged Clean Water Act violations involving the discharge of runoff from the feedlot’s pens without permit coverage under the National Pollutant Discharge Elimination System (NPDES). Based on an NPDES inspection of the Bruneau facility in February of 2006, EPA determined that the Bruneau facility had been discharging wastewater into the South Side Canal numerous times in the last five years. The South Side Canal and Jack’s Creek flow into the C.J. Strike Reservoir, which flows into the Snake River. Bruneau has over 4000 head of cattle in its facility, yet it had no containment to prevent runoff of process wastewater. Read entire press release
EPA Reaches Storm Water Settlement with Sagewood, LLC
(Driggs, Idaho – Oct. 25, 2007) – Sagewood, LLC, located in Driggs, Idaho, has agreed to pay a $20,000 penalty to settle alleged storm water violations under the Clean Water Act (CWA). According to the U.S. Environmental Protection Agency (EPA), the violations occurred at the Sagewood Subdivision Construction Site, located at Ski Hill Road and 5th in Driggs, Idaho. The settlement resolves alleged Clean Water Act violations that include the failure to obtain a Construction General Permit under the National Pollutant Discharge Elimination System (NPDES) and the discharge of sediment from the construction site into an irrigation canal which is connected to the Teton Creek. The Teton Creek flows into the Teton River which is a tributary of the Snake River. Read entire press release
Three Rivers Timber, Inc. Agrees to Pay $6,500 EPA Settlement to Resolve Clean Air Act Violation
(Kamiah, Idaho – Sep. 25, 2007) Three Rivers Timber, Inc., a Kamiah, Idaho, lumber manufacturing facility located on the Nez Perce Reservation, has agreed to pay the U.S. Environmental Protection Agency (EPA) a $6,500 penalty for not submitting a required air quality compliance certificate on time. Three Rivers failed to submit the document – a Title V Annual Compliance Certification for the reporting period from January 1, 2006 through December 31, 2006 – to the EPA until August 6, 2007. This violated the company’s Clean Air Act “Title V” operating permit. Three Rivers has been penalized in the past for similar late reporting. Read entire press release
EPA and Idaho Produce Company Settle Waste Water Case
(Paul, Idaho – May 16, 2007) Magic Valley Produce, Inc, located at 322 North Main Street, Paul, Idaho, has reached a $60,000 settlement with the U.S. Environmental Protection Agency (EPA) for violating its federal waste water discharge permit. During an EPA inspection of the plant on January 19, 2006, the inspector noted that the facility had failed to conduct required discharge sampling under its National Pollutant Discharge Elimination System (NPDES) permit. From November 2003 to January 2006, the Company accrued a very large number of “failure to sample” violations for the various pollutants in its discharge, which runs into the Snake River. Read entire press release
The City of Moscow, ID agrees to pay $134,000 EPA Settlement to Resolve Federal Clean Water Act violations
(Moscow, Idaho – June 20, 2007) The City of Moscow, Idaho, has reached a $134,000 settlement with the U.S. Environmental Protection Agency (EPA) for alleged Clean Water Act violations related to the City’s discharge of wastewater. The City owns and operates a wastewater treatment facility that discharges treated wastewater into Paradise Creek. The wastewater treatment plant is part of a sanitary sewer system that receives domestic wastewater from residential and commercial sources. The facility serves a population of approximately 22,000. The discharge from the City’s facility exceeded the fecal coliform bacteria, copper, biochemical oxygen demand (BOD), total suspended solids (TSS), pH and total residual chlorine effluent limits on numerous occasions. The effluent limits are set fourth in the City’s National Pollutant Discharge Elimination System (NPDES) permit. Between March 2002 and June 2006, the facility had 871 effluent limit violations. Read entire press release
Oregon: total penalties assessed: $163,450
Oregon Developer & Construction Firm Agree to Pay over $37,000 to Resolve Clean Air Act Violations
(The Dalles, Oregon. - Oct. 1, 2007) Two Oregon Companies involved in property rehabilitation and redevelopment --- Cook Development Corp. and Birch Creek Construction, Inc. --- have agreed to pay penalties totaling $37,500 to settle with EPA for alleged violations of the asbestos National Emission Standard for Hazardous Air Pollutants (NESHAP), under the Clean Air Act (CAA) during their extensive renovation of the Commodore Apartments located on Court Street in The Dalles, Oregon in May 2001. CDC paid $30,000 in penalties earlier this year and BCC recently agreed to pay an additional $7,500 in penalties. Read entire press release
EPA and Mt. Hood Chemical Corporation reach settlement for federal pesticide rules violations
(Portland, Ore, April 25, 2007) Mt. Hood Chemical Corporation (Mt. Hood), located in Portland, Oregon, has agreed to pay a penalty of $90,000 in order to settle claims for 31 alleged violations of the federal pesticide law (the Federal Insecticide, Fungicide and Rodenticide Act or FIFRA). Mt. Hood has also agreed to conduct a full environmental audit of their Portland, Oregon facility, including non-pesticide related areas and processes, and to provide specialized FIFRA training for employees involved in any aspect of pesticide production, sales, and distribution. The settlement was reached following an investigation by inspectors with the U.S. Environmental Protection Agency (EPA) from Seattle, Washington. Read entire press release
EPA fines Ennis Paint, Inc., over $4,200 for failure to properly report the release of xylene into the environment
(Salem, Oregon - Sept. 26, 2007) For failing to report the release of approximately 725 lbs of xylene (paint thinner) from their Salem, Oregon facility, Ennis Paint, Inc.(1675 Commercial St. NE) will pay a $4,257.00 U.S. Environmental Protection agency (EPA) fine. The facility produces paint products used to mark streets and highways. In addition to the penalty, Ennis will also perform a Supplemental Environmental Project (SEP) which will provide $8,280.00 to purchase and donate approximately 9,000 reflective road markers to the city of Salem, Transportation Department. These markers will be used to identify parking and response areas for emergency vehicles at facilities with chemicals on-site as well as warn of hazardous road conditions in the Salem area. Read entire press release
EPA reaches settlement with Aldis Manufacturing for violating federal pesticide rules
(Portland, Ore – June 4, 2007) Today, Aldis Manufacturing LTD., (Aldis) located in Wilsonville, Oregon, reached a $3,120 settlement with the U.S. Environmental Protection Agency (EPA) for importing improperly labeled pesticides, in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). According to EPA, on February 5, 2007, Aldis submitted a Notice of Arrival of Pesticides and Devices (Notice of Arrival) through their import broker declaring that they planned to import 95,400 kilograms of their recently registered pesticide, “Kull 62 MUP.” “Kull 62 MUP” is a glyphosate-based chemical used in manufacturing other herbicide formulations and is produced in China. Read entire press release
Washington: total penalties assessed: $2,137,801
Department of Energy’s Hanford Operation Penalized over $1 Million
(Richland, Wash. March 27, 2007) The U.S. Environmental Protection Agency (EPA) has calculated stipulated penalties totaling $1,140,000 against the U.S. Department of Energy (DOE) for violations of the Hanford cleanup agreement. Read entire press release
Tacoma Issued $358,000 Penalty for Missing Commencement Bay Cleanup Deadline
(Seattle, Wash. – February 8, 2007) EPA issued a $358,000 stipulated penalty to the City of Tacoma, Washington. Today’s action stems from the City’s failure to meet a key deadline as part of the Superfund cleanup activities in the Thea Foss and Wheeler-Osgood Waterways cleanup. Read entire press release
Fluor-Hanford and Twin City Metals agree to pay EPA nearly $85,000 to resolve federal PCB violations
(Seattle, Wash. – Nov.1, 2007) Fluor-Hanford (Fluor), the primary clean-up contractor at the Department of Energy’s Hanford Reservation, and Twin City Metals(TCM), a Richland, Washington, metal recycler, have agreed to pay the U.S. Environmental Protection Agency a combined total of $84,800 in penalties for mis-handling PCB-contaminated transformers. Read entire press release
EPA fines Emerald Services, Inc. over $38,000 for Hazardous Chemical Release
(Tacoma, WA – Nov. 22, 2006) The EPA has ordered Emerald Services, Inc., to pay over $38,000 for releasing approximately 1,697 pounds of toluene, a hazardous substance, into a storm sewer at their hazardous waste treatment and storage facility in Tacoma, Washington on August 30, 2005. As part of their settlement the Company agreed to provide nearly $70,000 in equipment for Tacoma’s Fire Department and Environmental Services Source Control Division. Read entire press release