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Enforcement Actions 2008
Select the Statute
- Clean Air Act (CAA)
- Clean Water Act (CWA)
- Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
- Emergency Planning and Community Right to Know Act (EPCRA)
- Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
- Oil Pollution Act (OPA)
- Resource Conservation and Recovery Act (RCRA)
- Safe Drinking Water Act (SDWA)
Visit the Enforcement Actions Archives 2007, 2006 and 2005.
Selected Highlights by Statute
CAA
Learn moreGeorgia - Region 4 Issues CAA Notice of Violation (NOV) to Tronox Pigments Incorporated: On August 15, 2008, the Region 4 Air Enforcement Division issued a NOV alleging violations of the Prevention of Significant Deterioration (PSD) provisions of the Clean Air Act at Tronox’s Savannah facility. Tronox’s 2001 construction permit included limits on the use of the bypass stack and standby thermal oxidizer (STO), which were established to prevent the modifications at the facility from triggering the PSD requirements. Tronox exceeded the limits on the bypass stack and STO for extended periods of time between 2003 and 2007. EPA determined that the excess bypass stack and STO usage constitute a major modification because the increased operating time for the bypass stack and STO is a change in the method of operation that resulted in significant net emission increases for the regulated pollutants CO, COS and SO2.
South Carolina - Man Sentenced for Freon Venting: On July 29, 2008, Sombut Makovitch was sentenced in U.S. District Court in Columbia to 36 months probation for felony Clean Air Act venting violations under 42 United States Code Sections 7413 (c) and 7671g(c). In April, Makovitch pled guilty to knowingly releasing HCFC-22 (commonly referred to as “Freon”) into the environment to enable him to steal copper coils from air conditioning units at Shaw Air Force Base in Sumter.
Georgia - EPA Region 4 Files Consent Agreement and Final Order (CAFO) with Sto Corporation. On June 26, 2008, EPA Region 4 filed a CAFO with Sto Corporation of Atlanta, resolving alleged violations of Section 183 of the Clean Air Act, and the regulations promulgated there under found at 40 Code of Federal Regulations Part 59, Subpart D. Section 183 and Part 59 regard the content of volatile organic compounds (VOCs) in architectural coatings. The CAFO alleges that Sto failed to comply with the initial notification requirements of Part 59 for manufacturing or distributing architectural coatings containing VOCs. As part of the settlement, Sto will pay a penalty of $31,791.
Tennessee - EPA Region 4 Files Consent Agreement and Final Order (CAFO) with Clemons Concrete Coatings. On June 26, 2008, Region 4 filed a CAFO with Clemons Concrete Coatings of Nashville, resolving alleged violations of Section 183 of the Clean Air Act, and the regulations promulgated there under found at 40 Code of Federal Regulations Part 59, Subpart D. Section 183 and Part 59 regard the content of volatile organic compounds (VOCs) in architectural coatings. The CAFO alleges that Clemons failed to comply with the initial notification requirements of Part 59 for manufacturing or distributing architectural coatings containing VOCs. As part of the settlement, Clemons will pay a penalty of $10,964.
Kentucky - District Court Enters Consent Decree in United States v. Rohm and Haas Chemicals, Limited Liability Corporation: On June 12, 2008, Judge Thomas B. Russell of the Western District of Kentucky entered the Consent Decree in United States v. Rohm and Haas Chemicals, LLC. The Consent Decree resolves alleged violations of the Clean Air Act, Resource Conservation and Recovery Act, Emergency Planning and Community Right-to-Know Act, and the Comprehensive Environmental Response, Compensation and Liability Act, at the Company’s Louisville facility. The alleged violations stemmed from an EPA and National Enforcement Investigations Center inspection at the facility in 2005. As part of the Consent Decree, the company will pay a civil penalty of $35,975 and perform two supplemental environmental projects (SEPs) costing at least $133,671. One project is a pollution reduction project and the other is an emergency planning and preparedness SEP.Florida - EPA Region 4 Files Consent Agreement and Final Order (CAFO) Resolving CAA Violations At the U.S. Naval Air Station in Jacksonville: On February 6, 2008, EPA Region 4 filed a CAFO with the Regional Hearing Clerk resolving violations of CAA Title V at the U.S. Naval Air Station in Jacksonville. This CAFO resolves the underlying violations in the case of City of Jacksonville, Florida verses Department of the Navy, where the 11th Circuit Court of Appeals held that the City of Jacksonville, which implements the Florida Title V program, could not sue the U.S. Navy to collect civil penalties under the CAA. Jacksonville then referred the case to Region 4 to be handled as an administrative enforcement action. Under the terms of the CAFO, the Naval Air Station agreed to pay $20,888 in civil penalties and perform a Supplemental Environmental Project in the amount of $95,000.
CERCLA
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Alabama - Cost Recovery Complaint Filed Against Potentially Responsible Parties (PRPs) at Alabama Plating Company Superfund Site: On August 8, 2008, the Department of Justice filed a complaint against Alabama Plating Company, the Estate of James M. Rowe, Jr., and James M. Rowe, III, seeking reimbursement for EPA’s response costs associated with the Site, located in Vincent. EPA conducted an emergency removal, a time-critical removal, and a Remedial Investigation at the Site, which was proposed for addition to the NPL in 2000. Response costs to date total $12,292,943.41. The PRPs have been involved in insurance litigation with their excess carriers for over a decade.
Florida - Consent Decree for Jacksonville Ash and Brown=s Dump Sites Entered by United States District Court: On July 17, 2008, Judge Harvey Schlesinger of the United States District Court for the Middle District of Florida signed and entered a Consent Decree for the clean-up of the Jacksonville Ash and Brown=s Dump Superfund Alternative Sites in Jacksonville. When completed, the clean-up of the sites will result in the remediation of approximately 1.6 million cubic yards of heavy metal-contaminated soil, at a cost of approximately $94 million. Both Sites were contaminated in the 1940s and 1950s by municipal incinerator ash, and currently are in heavily populated residential neighborhoods.
Georgia - EPA Issued Special Notice Letters to Potentially Responsible Parties (PRPs) at Peach Orchard Site: On July 15, 2008, Region 4 issued a Special Notice Letter to each of the three identified PRPs at the Peach Orchard Road PCE Groundwater Plume Superfund Site (Site) in Augusta. The Site, estimated at 350 acres, includes the area that has contaminated the city-owned public water supply wells, resulting in the closure of several of these wells. The PRPs are landowners of property currently or formerly occupied by dry cleaning establishments where PCE has been found in the soils and groundwater. The State of Georgia does not have a dry cleaning program. Therefore, the matter is being handled under CERCLA.
Florida - Region 4 Signs De Minimis Settlement Agreement for the BCX Tank Superfund Site: On July 2, 2008, Region 4 signed a De Minimis Contributor Administrative Order on Consent with 91 de minimis parties at the BCX Tank Superfund Site in Jacksonville. The agreement took effect on July 11, 2008. Under the agreement, the de minimis parties will pay $225,515 toward EPA’s past response costs. The Site was the location of a treatment plant for industrial wastewater and used oil. By the time the Site was referred to EPA, several large, abandoned, above-ground storage tanks were leaking a variety of hazardous substances into the secondary containment area, which was also deteriorating. Major parties at the Site have conducted the necessary removal action at the Site and are negotiating with EPA to pay the remainder of EPA’s past response costs.
Alabama - District Court Issues Opinion on ARC Issues for the Anniston PCB and Lead Sites: On June 10, 2008, the District Court for the Northern District of Alabama issued an opinion on the CERCLA 107 cost recovery and 113 contribution rights of Solutia against numerous settling parties under an Administrative Order on Consent (AOC) at the Anniston PCB and Lead Sites in Anniston. The Court, following the recent ARC Supreme Court decision found that Solutia could maintain a 107 cost recovery action for costs incurred under a Consent Decree with the United States. Also, the Court found that Solutia’s contribution claims were barred by the contribution protection provided by the AOC and CERCLA statute.
Georgia - Region 4 and the Department of Justice (DOJ ) File a Judicial Complaint Against the Sole Recalcitrant Party at the Seven Out Tank Superfund Site: On June 5, 2008, Region 4 issued a referral asking DOJ to file suit against Wastewater Treatment, Incorporated (WTI), a potentially responsible party at the Seven Out Tank Superfund Site in Waycross. DOJ responded by filing a complaint against WTI in the U.S. District Court for the Southern District of Georgia on June 9, 2008. WTI brokered waste from two regional power plants to the Site in the fall of 2003. Before it was abandoned, the Site was the location of an industrial wastewater treatment plant. All of the other waste generators and transporters identified at the Site have reached an agreement with EPA to complete removal work at the Site and to pay the majority of EPA's response costs. The government is seeking its unreimbursed response costs. (including the amount of orphan share compensation offered to the settling parties), plus interest and the costs of litigation.
Tennessee - Order Entered in AISLIC v. NWI-1, (FKA Fruit of the Loom) et al: On May 29, 2008, the US District Court for the Northern District of Illinois entered a Final Order in the above mentioned case. This Order resolves all remaining issues in this litigation. Following the Fruit of the Loom (FTL) bankruptcy, a settlement was negotiated which placed a number of assets into a custodial trust established to address certain environmental liabilities of Velsicol, a subsidiary of FTL. One of these assets was a cost cap environmental insurance policy written by AISLIC, a subsidiary of AIG to FTL, who had indemnified Velsicol. While in negotiations, AISLIC sued the Trust in an attempt to invalidate the transfer of the policy to the Trust. EPA and other federal agencies subsequently intervened in this litigation. A settlement with AISLIC was reached last year, after which the City of Saint Louis intervened in an attempt to block the settlement. This suit was dismissed, and the settlement was approved by the court. AISLICS’s initial payment of $17,450,215 was made on June 9, 2008. After certain expenses, about one third of this will be used to fund remediation at the Velsicol Hardeman County Landfill in Toone, Tennessee.
North Carolina - CERCLA Consent Decree Entered for the Gurley Pesticide Burial (Site) in Selma: On February 6, 2008, the U.S. District Court for the Eastern District of North Carolina entered a Consent Judgment in favor of the United States against Cargill Dry Corn Ingredients, Incorporated, (CDCI) and Exxon Mobil Corporation (Exxon Mobil). The Consent Decree will implement the Remedial Design and Remedial Action (RDRA) and will reimburse EPA for approximately $825,000 in past response costs spent at the Site. The RDRA will address both soil and groundwater contamination. It is estimated to cost about $7,200,000. Exxon Mobil and CDCI are the former owner and operators of the Site who conducted the Remedial Investigation and Feasibility Study pursuant to an Administrative Order on Consent with EPA.
Kentucky - Region 4 Signs Administrative Settlement Agreement and Order on Consent for Removal at the Goodloe Elementary School Site: On January 28, 2008, EPA Region 4 signed an Administrative Settlement Agreement and Order on Consent for a removal action at the Goodloe Elementary School Site (the Site) in Owensboro. Pursuant to this Settlement Agreement, Atmos Energy Corporation, a successor to the former owner and operator, is agreeing to conduct the removal at the Site and to pay EPA’s past and future oversight costs. A coal gasification plant was operated at the Site from approximately 1889 until the mid-1930s. Benzo(a)pyrene has been detected on site at levels as high as 19,000 ppb. The removal action requires that Atmos cap the footprint of the former gasification plant and conduct confirmatory sampling activities.
South Carolina - Region 4 Collects Past Costs at Ashepoo Fertilizer Site: On January 23, 2008, Region 4 received a check for $155,764 from The Mosaic Company for oversight costs related to the Ashepoo Fertilizer Removal Site in Charleston. Mosaic is the successor to IMC Global, who was the successor to Freeport-McMoRan’s fertilizer operations. Freeport-McMoRan was a signatory to the original Administrative Order on Consent at the Site which was executed in 1999. Collection efforts began in 2001, but were complicated by ongoing litigation between IMC, later Mosaic, and Conoco over liability for their fertilizer operations. As a result, EPA agreed to a series of tolling agreements until the litigation was concluded. This payment resolves all past cost liabilities at the Site.
Alabama - Region 4 Files Consent Agreement and Final Order (CAFO) with GEO Specialty Chemicals, Incorporated, to Resolve CERCLA Violations: On January 17, 2008, a CAFO was filed to resolve alleged violations of CERCLA Section 103 with GEO Specialty Chemicals, Incorporated, (Respondent) at its facility in Childersburg. The violation was the result of Respondent's failure to immediately notify the National Response Center of a release of sulfuric acid above the Reportable Quantity of 1000 pounds. To resolve this matter, Respondent agreed to pay a penalty of $2,619.
Alabama - Region 4 Files Consent Agreements and Final Orders (CAFO) with GEO Specialty Chemicals to Resolve CERCLA Violation: On January 17, 2008, a CAFO with GEO Specialty Chemicals was approved by the Regional Judicial Officer. EPA determined that on May 15, 2007, GEO’s facility had a release of the hazardous substance, sulfuric acid, above the reportable quantity of 1,000 pounds, and that GEO failed to immediately notify the National Response Center as soon as it had knowledge of the release in violation of Section 103(a) of CERCLA, 42 United States Code Section 9603(a). GEO has agreed to pay a penalty of $2,619.
CWA
Georgia - Region 4 Files Administrative Order (AO) against Barrington Dairy to Address Violations of CWA Section 402(p): On August 8, 2008, an AO was issued, to Barrington Dairy to address violations of CWA Section 402(p) at its concentrated animal feeding operation in Montezuma. The violations included: failure to monitor; failure to land apply manure at the agronomic rate; failure to maintain buffers; failure to modify the comprehensive nutrient management plan; and failure to operate and maintain all systems of treatment and control. The value of the injunctive relief to comply with the AO is approximately $270,000.
Georgia - Region 4 Files Administrative Order (AO) against Highbrighton Dairy to Address Violations of CWA Section 402(p): On August 8, 2008, an AO was issued, to Highbrighton Dairy to address violations of CWA Section 402(p) at its concentrated animal feeding operation in Montezuma. The violations included: failure to monitor; failure to land apply manure at the agronomic rate; failure to maintain buffers; and failure to operate and maintain all systems of treatment and control. The value of the injunctive relief to comply with the AO is approximately $190,000.
Tennessee - Region 4 Files Consent Agreement and Final Order (CAFO) with Ball Camp Residential Partners (Respondent) to Resolve Alleged Violations of Section 402(p) of the Clean Water Act in Knoxville: On July 23, 2008, Region 4 filed a CAFO to resolve alleged storm water violations of Clean Water Act Section 402(p) at Ball Camp Residential Partners' construction site in Knoxville. The alleged violations included: failure to maintain a storm water pollution prevention plan on-site; failure to post the notice of coverage and facility contact information; failure to properly install and maintain all engineered erosion prevention and sediment controls; failure to install and maintain a rain gauge; failure to implement temporary or permanent stabilization; failure to have a clean-out marker; and failure to take all reasonable steps to minimize or prevent any discharge. To resolve this matter, Respondent agreed to pay a civil penalty of $20,000 to the U.S. Treasury.
North Carolina - EPA Region 4 Enters Consent Agreement and Final Order with ACE Transport, Limited, (ACE) Resolving CWA Section 311(b)(3) Violations: On July 15, 2008, Region 4 entered a CWA Consent Agreement and Final Order CAFO with ACE a petroleum trucking company located in Kenly. This matter was settled in accordance with the provisions of 40 Code of Federal Regulations Section 22.13(b) which allows for a matter to be simultaneously commenced and concluded by the issuance of a consent agreement and final order. The CAFO alleges that on December 9, 2004, ACE discharged 7,500 gallons of diesel fuel into Pine Log Branch, a navigable water of the United States in violation of CWA Section 311(b)(3). The CAFO requires ACE to pay a civil penalty of $10,955.
North Carolina - North Carolina Waste Water Treatment Plant Operator Pleads Guilty: On July 15, 2008, Kirby Dean Case, the former operator of the Dallas Waste Water Treatment Plant, entered a guilty plea, in U.S. District Court in Charlotte to two felony CWA counts. In January 2008, Case admitted to state regulators that he had been diluting effluent samples with water and falsifying data required to be maintained under the town=s NPDES permit.
Tennessee - Region 4 Files Consent Agreement and Final Order (CAFO) with Volunteer Development to Resolve Alleged Violations of Section 402(p) of the Clean Water Act in Knoxville: On July 1, 2008, a CAFO was filed to resolve alleged storm water violations of Clean Water Act Section 402(p) at the Volunteer Development construction site in Knoxville. The alleged violations included: failure to properly install and maintain all engineered controls, failure to have a clean-out marker; failure to properly document inspections and maintain inspection records; failure to take all reasonable steps to minimize or prevent any discharge; and failure to properly operate and maintain all facilities and systems of treatment and control. To resolve this matter, Respondent agreed to pay a civil penalty of $5,500 to the U.S. Treasury.
Kentucky - Region 4 Enters Into Administrative Order on Consent (AOC) with Drees Construction Company for Storm Water Violations: on June 25, 2008, an AOC was executed to bring the Drees Company into compliance with the performance standards of the Storm Water General Permit that expired on September 30, 2007. In October 2007, EPA Region 4 performed inspections and found storm water violations at the company’s Harmony Subdivision Phase B-Part 2 construction site. The company had submitted a Notice of Intent for coverage under the expired General Permit. Since the Drees Company had informed EPA that they intended to continue to comply with the General Permit as if it were administratively continued, EPA offered an AOC.
Florida - Region 4 Enters into Consent Agreement and Final Order (CAFO) with Richmond American Homes of Florida, Limited Partnership, Settling CWA Violations: On May 16, 2008, a CAFO was approved by the Regional Judicial Officer, initiating and concluding an enforcement action pursuant to 40 Code of Federal Regulations Section 22.13(b) for violations of Sections 301 and 404 of the CWA. Violations alleged were the discharge of pollutants into navigable waters without a permit. Approximately 0.18 acres of wetlands were impacted. A penalty of $20,000 was assessed.
Tennessee - Water Treatment Plant Operator Sentenced: On March 10, 2008, Paul W. Perkins, the operator of the Rockwood Waste Water Treatment Plant, was sentenced to serve 24 months' probation and 40 hours of community service in the U.S. District Court for the Eastern District of Tennessee. Perkins had previously pleaded guilty to an Information charging him with submitting a false Discharge Monitoring Report to the Tennessee Department of Environment and Conservation, in violation of CWA, 33 United States Code Section 1319(c)(4).
Tennessee - Facility Sentenced for CWA Violation: On March 5, 2008, Archer Daniels Midland Company (ADM) pled guilty to negligently discharging process water into Chattanooga Creek without a permit, a CWA violation. ADM was sentenced in the U.S. District Court for the Eastern District of Tennessee to pay a $100,000 criminal fine plus $100,000 in restitution. The Tennessee Department of Environment and Conservation will receive $50,000 to fund a new state environmental forensic sampling team. In addition, the Southern Environmental Enforcement Network and the City of Chattanooga will receive $25,000 each.
Tennessee - Region 4 Files Consent Agreement and Final Order (CAFO) with Saddlebrook Development, Limited Liability Corporation, to Resolve Alleged Violations of CWA Section 402(p): On March 3, 2008, a CAFO was filed to resolve alleged storm water violations of CWA Section 402(p) at its construction site in Knoxville. The alleged violations included: failure to properly design, implement and maintain all best management practices; failure to implement stabilization; failure to mitigate and prevent or minimize adverse impacts; failure to operate and maintain all facilities and systems of treatment and control; and failure to take all reasonable steps to minimize or prevent any discharge that has a reasonable likelihood of adversely affecting the environment. To resolve this matter, Saddlebrook Development agreed to pay a civil penalty of $28,551 to the U.S. Treasury.
Kentucky - Septic Waste Operator Sentenced for Illegal Discharges of Pollutants: On February 26, 2008, David L. Bowling and his company, Dave's Concrete Products and Septic Tank Service, Incorporated, were sentenced in the U.S. District Court for the Eastern District of Kentucky, for knowingly violating CWA, 33 United States Code Section 1319(c)(2), by repeatedly discharging septic waste into a water of the United States between December 2005 and December 2006. Bowling was observed discharging septic waste into a storm drain which emptied into a creek which flowed into a tributary of the Big Sandy River, a navigable-in-fact water body. Following his guilty plea, David L. Bowling was sentenced to serve 12 months of incarceration followed by 12 months of supervised release. Bowling was also sentenced to pay a criminal fine of $260,000. Bowling's company was sentenced to pay a criminal fine of $130,000 and to serve five years's probation.
Alabama - Region 4 Enters into Consent Agreement and Final Order (CAFO) with Heritage Partners, Limited Liability Corporation, Settling Storm Water Violations: On February 5, 2008, a CAFO was approved by the Regional Judicial Officer, settling an enforcement action for violations of CWA Sections 301 and 402. A complaint was issued on June 19, 2007, alleging unpermitted disturbed acreage with no protective storm water controls, sediment discharges into waters of the U.S., missing storm water controls on the permitted acreage, inadequate site stabilization, and lack of inspection reports at Respondent’s Heritage Park Phase 2 construction site in McCalla. A penalty of $16,000 was assessed. This enforcement action resulted from an inspection by EPA on March 16, 2006.
Mississippi - Fifth Circuit Upholds Wetlands Conviction: On February 1, 2008, the Fifth Circuit Court of Appeals upheld the convictions of Robert J. Lucas, Jr., his daughter, Robbie Lucas Wrigley, and engineer M.E. Thompson, Jr., on all 41 counts of an indictment which charged violations of CWA Sections 402 and 404, mail fraud and conspiracy. The charges resulted from the development and sale by Lucas of hundreds of lots in the Big Hill Acres subdivision in delineated wetlands. In their appeal, the defendants’ argued, among other things, that the government had not proved the wetlands were waters of the United States, as required by the CWA. The Court of Appeals held, however, that the government had established jurisdiction and that the evidence proven at trial satisfied each test established under Rapanos, which was decided after the trial. The court ruled that by showing that the Big Hill Acres waters were adjacent to tributaries of navigable waters, the Government’s proof was “sufficient by the plurality’s (adjacency) measure of federal waters.” By proving that the Big Hill Acres wetlands controlled flooding and prevented pollution in downstream navigable waters, the prosecution also met “the (significant nexus) measure of federal waters offered by the concurring justice.” The Court also noted that the Government’s case satisfied the Riverside Bayview Homes, Incorporated, standard advocated by the Rapanos dissenters. The opinion can be found at: http://www.ca5.uscourts.gov/opinions/pub/06/06-60289-CR0.wpd.pdf.
Kentucky - Region 4 Enters into Consent Agreement and Final Order (CAFO) with Finke Homes, Incorporated, Settling Storm Water Violations: On January 17, 2008, a CAFO was approved by the Regional Judicial Officer which simultaneously commenced and concluded an enforcement action for violations of CWA Section 301 and 402. The violations alleged were for sediment discharges into waters of the U.S., poorly maintained and missing storm water controls, inadequate site stabilization, lack of inspections, and failure to provide a site map at Respondent’s Cedar Valley Resort construction site in Williamstown. After evaluating the company’s ability to pay, EPA and the company have agreed to an appropriate penalty of $30,000 in 8 installments over 2 years. This enforcement action resulted from an inspection by EPA on March 14, 2006.
North Carolina - Region 4 Enters into Consent Agreement and Final Order (CAFO) with White Oak Development Partners, Limited Liability Corporation, Settling Storm Water Violations: On January 17, 2008, a CAFO was approved by the Regional Administrator which simultaneously commenced and concluded an enforcement action for violations of CWA Sections 301 and 402. The violations alleged were for failure to minimize or prevent sediment discharges into a water of the U.S., the disposal of construction debris in a water of the U.S., missing control measures, and failure to operate and maintain storm water controls at Respondent’s White Oak Plantation construction site in Tryon. The company is required to pay a penalty of $40,000. This enforcement action resulted from an inspection by EPA on March 13, 2007.
Alabama - Region 4 Files Consent Agreement and Final Order (CAFO) with Highpoint Development, Incorporated, (Respondent) to Resolve Alleged Violations of CWA Section 402(p): On January 7, 2008, a CAFO was filed to resolve alleged storm water violations of CWA Section 402(p) at its construction site in Birmingham. The alleged violations included: failure to take all reasonable steps to minimize or prevent any discharge; failure to properly design, implement and maintain all best management practices; failure to remediate off-site deposition and discharges; failure to mitigate and prevent or minimize adverse impacts; and failure to take all reasonable steps to prevent or minimize impacts to waters. To resolve this matter, Respondent agreed to pay a civil penalty of $14,000 to the U.S. Treasury.
EPCRA
Learn moreMississippi - Region 4 Files Consent Agreement and Final Order (CAFO) with Georgia Gulf Chemicals and Vinyls, Limited Liability Corporation (Georgia Gulf) to Resolve Alleged EPCRA and CERCLA: On July 22, 2008, EPA Region 4 filed a CAFO with Georgia Gulf Chemicals and Georgia Gulf to resolve the alleged EPCRA and CERCLA violations that occurred at the company’s Aberdeen facility on December 10, 2007. The alleged EPCRA and CERCLA violations stem from the release of over one pound of vinyl chloride from the facility and the company’s failure to timely notify the National Response Center and the state and local emergency response agencies. As part of the settlement agreement, Georgia Gulf agreed to pay a civil penalty of $1,310 to resolve the CERCLA violation and $1,310 to resolve the EPCRA violations and to undertake a supplemental environmental project (SEP). The SEP consists of expending $9.951 for the purchase and donation of equipment to the Aberdeen Fire Department.
Georgia - Region 4 Files Consent Agreement and Final Order (CAFO) with American BOA Incorporated, to Resolve Alleged Violations of Sections 312 and 313 of EPCRA: On July 15, 2008, a CAFO was filed, to resolve alleged violations of EPCRA Sections 312 and 313 with American BOA at its facility in Cumming. The EPCRA Section 312 violation was the result of Respondent’s failure to submit a completed Emergency and Hazardous Chemical Inventory Form for argon to the State Emergency Response Commission, the Local Emergency Planning Commission and the fire department with jurisdiction over the facility for calendar year 2003. The EPCRA Section 313 violations were the result of Respondent’s failure to submit a Form R for chromium and nickel to the Administrator of EPA and to the official designated by the Governor of the State of Georgia for calendar years 2003, 2004 and 2005. To resolve this matter, the Respondent agreed to pay a civil penalty of $27,532.
Georgia - Region 4 Files Consent Agreement and Final Order (CAFO) with Sunset Farms Foods, Incorporated, (Respondent) to Resolve Alleged Violations of CERCLA and EPCRA: On July 15, 2008, a CAFO was filed, to resolve alleged violations of CERCLA Section 103 and EPCRA Section 304(a) with Sunset Farms Foods, Incorporated, at its facility in Valdosta. The violations were the result of Respondent=s failure to immediately notify the National Response Center, the State Emergency Response Commission and the Local Emergency Planning Committee of a release of anhydrous ammonia above the Reportable Quantity. To resolve this matter, Respondent agreed to pay a total penalty of $3,022 and complete a supplemental environmental project valued at $9,067.
Kentucky - Region 4 Enters into a Consent Agreement and Final Order (CAFO) with Nestle Prepared Foods Company (Respondent) to Resolve violations EPCRA and CERCLA: On July 15, 2008, Region 4 filed a CAFO resolving alleged violations of Section 103(a) of CERCLA and Section 304(a) of EPCRA by the Respondent. Pursuant to the CAFO, Respondent will pay a civil penalty of $5,239, and will also spend $19,645 to perform a supplemental environmental project involving the purchase of emergency preparedness equipment for the fire department in Montgomery. The violations are based on two incidents involving the release of reportable quantities of the extremely hazardous substance, anhydrous ammonia, on June 8, 2007 and July 29, 2007, at Respondent’s facility in Mount Sterling. The Respondent failed to immediately notify the National Response Center, the State Emergency Response Commission and the Local Emergency Planning Committee.
Kentucky and Tennessee - Region 4 Files Consent Agreement and Final Order (CAFO) with American Cold Storage-North American, Limited Partnership, (Respondent) to Resolve Alleged Violations of EPCRA Section 312: On June 5, 2008, Region 4 filed a CAFO to resolve alleged violations of EPCRA Section 312 with the Respondent at its facilities in Louisville, Kentucky; Humboldt, Tennessee; and Jackson, Tennessee. The violations were the result of Respondent’s failure to submit a completed Emergency and Hazardous Chemical Inventory Form for ammonia to the State Emergency Response Commission, the Local Emergency Planning Commission and the fire departments with jurisdiction over the facilities for calendar years 2003, 2004 and 2005. To resolve this matter, the Respondent agreed to pay a civil penalty of $53,250 to the US Treasury.
Kentucky - Region 4 Issues a Notice of Determination (NOD) to YH America, Inc., to Resolve an EPCRA Section 313 Self-Disclosure, Docket Number 04-2007-9152: On June 13, 2008, a NOD was signed to resolve the self-disclosure from YH America, Incorporated, for its Hose Products Division facility in Versailles. The NOD resolved the violation disclosed, failure to timely submit a Toxics Release Inventory Report for anhydrous ammonia for the 2005 reporting year. The company has corrected the violation, and the self-disclosure was resolved under the EPA Self-Disclosure, or Audit Policy. Pursuant to the policy, gravity-based penalties were waived for the EPCRA Section 313 violation.
North Carolina - Region 4 Files Consent Agreement and Final Order (CAFO) with Carolina Cold Storage to Resolve Alleged Violations of CERCLA and EPCRA: On June 5, 2008, EPA filed a CAFO to resolve alleged violations of CERCLA Section 103 and EPCRA Section 304(a) with Carolina Cold Storage at its facility in Tar Heel. The violations were the result of Respondent=s failure to immediately notify the National Response Center, the State Emergency Response Commission and the Local Emergency Planning Committee of a release of anhydrous ammonia above the Reportable Quantity. To resolve this matter, Respondent agreed to pay a total penalty of $1,965 and complete a supplemental environmental project worth $7,497.
Kentucky - Region 4 Files Consent Agreement and Final Order (CAFO) with Reddy Ice, Incorporated (Reddy), to Resolve Alleged EPCRA and CERCLA Violations: On May 13, 2008, EPA Region 4 filed a CAFO with Reddy to resolve the alleged EPCRA and CERCLA violations that occurred at the company’s Louisville facility on August 10, 2007. The alleged EPCRA and CERCLA violations stem from the release of over 100 pounds of anhydrous ammonia from the facility and the company’s failure to timely notify the National Response Center and the state and local emergency response agencies. As part of the settlement agreement, Reddy agreed to pay a civil penalty of $1,725 to resolve the CERCLA violation and $7,725 to resolve the EPCRA violations and to undertake a supplemental environmental project (SEP). The SEP consisted of expending $8,785 for the purchase of ammonia sensors and warning systems.
Georgia - Region 4 Files Consent Agreement and Final Order (CAFO) with Harcros Chemical, Incorporated: On February 20, 2008, a CAFO with Harcros Chemical was approved by EPA's Regional Judicial Officer. On August 7, 2007, Harcros had a release of anhydrous ammonia above the reportable quantity at its facility in Dalton. EPA alleged that Harcros violated CERCLA Section 103(a) by failing to immediately notify the National Response Center as soon as Harcros had knowledge of the release, and also violated EPCRA section 304(a) by failing to immediately notify the State Emergency Response Center (SERC) and Local Emergency Planning Committee (LEPC) as soon as it had notice of the release. Harcros has agreed to pay a penalty of $665, and to spend $5,000 on a Supplemental Environmental Project.
Kentucky - Region 4 Files Consent Agreements and Final Orders (CAFO) with Catlettsburg Refining, Limited Liability Corporation, to Resolve EPCRA Violations: On January 29, 2008, a CAFO with Catlettsburg Refining was approved by the Regional Judicial Officer. EPA determined that on March 6, 2007, Catlettsburg’s facility had a release of a CERCLA-listed hazardous substance, sulfuric acid, above the reportable quantity of 1,000 pounds, and that Catlettsburg failed to immediately notify the State Emergency Response Commission and Local Emergency Response Cites as soon as it had knowledge of a release equal to or greater than the reportable quantity in violation of Section 304(a) of EPCRA, 42 United States Code Section 11004(a), and applicable regulations at 40 Code of Federal Regulations Section 355.40. Catlettsburg has agreed to complete a Supplemental Environmental Project, spending a minimum of $9,823 to purchase of equipment and training materials for Boyd County and to pay a penalty of $2,619 for violations of EPCRA Section 304.
Tennessee - Region 4 Files Consent Agreements and Final Orders (CAFO) with PBR Knoxville, Limited Liability Corporation, to Resolve EPCRA Violations: On January 29, 2008, a CAFO with PBR Knoxville (PBR) was approved by the Regional Judicial Officer. PBR violated Section 312 of EPCRA, 42 United States Code Section 11022, by failing to include petroleum distillate, a hazardous chemical under Section 329(5) of EPCRA, in the Emergency and Hazardous Chemical Inventory Form submitted to the State Emergency Response Commission, Local Emergency Response Cites, and fire department with jurisdiction over PBR’s facility for calendar years 2004, 2005 and 2006 by March 1 of the following years, respectively. PBR has agreed to pay a penalty of $7,190.
Alabama - Region 4 Files Consent Agreements and Final Orders (CAFO) with Atlantic Marine Alabama, Limited Liability Corporation, to Resolve EPCRA Violations: On January 17, 2008, a CAFO with Atlantic Marine Alabama (Atlantic) was approved by the Regional Judicial Officer. Atlantic violated Section 313 of EPCRA, 42 United States Code Section 11023, by failing to submit toxic chemical release inventory reporting Form R’s to EPA and to the state of Alabama for propylene, a toxic chemical that Atlantic processed and used at its plant in excess of the 25,000/10,000 pound threshold quantities established under Section 313(f) of EPCRA, during calendar years 2003, 2004 and 2005. Atlantic has agreed to pay a penalty of $15,831.
FIFRA
North Carolina - Region 4 Resolves Self-Disclosure from Syngenta Crop Protection, Incorporated, with Filing of Consent Agreement and Final Order (CAFO) for FIFRA Section 12(a)(2)(E) Violations: On June 26, 2008, a CAFO was filed with the Regional Hearing Clerk to resolve violations self-disclosed by Syngenta Crop Protection, Incorporated., of Greensboro. The company had submitted a self-disclosure letter on January 19, 2007, to EPA Headquarters, which disclosed violations of Section 12(a)(2)(E) of FIFRA, for advertisements of restricted use pesticides (RUPs), which did not identify the products as RUPs. The letter was forwarded to Region 4, and was followed by additional correspondence from the company. The Region determined that the self-disclosure did not meet all 9 conditions of the EPA Self-Disclosure Policy, because the disclosure had occurred after the Region had sent a letter providing notice of violations which were the same or closely related to the violations which were disclosed by the company. The company has corrected the violations, and under the CAFO, the company will pay a civil penalty of $70,200.
South Carolina - Region 4 Issues a Notice of Determination (NOD) to Isola Laminate Systems Corp., to resolve an EPCRA Section 312 Self-Disclosure: On June 13, 2008, a NOD was signed to resolve the self-disclosure from Isola Laminate Systems Corp. (Isola), for its facility in Ridgeway. The NOD resolved the violations self-disclosed, failure to timely submit Tier II forms for hazardous chemicals, including acetone, for reporting years 2005 and 2006, to the State Emergency Response Commission, the Local Environmental Planning Committee , and the fire department with jurisdiction in the area. The self-disclosure was resolved under the EPA Self-Disclosure Policy, or Audit Policy, and gravity-based penalties were waived pursuant to the policy.
North Carolina - Region 4 Files Consent Agreement and Final Order (CAFO) with Burt’s Bees, Incorporated, to Resolve Alleged FIFRA: On June 10, 2008, Region 4 filed a CAFO with Burt’s Bees of Raleigh to resolve alleged violations of FIFRA pertaining to the company’s production and distribution of an “all-natural” insect repellent that was not a registered pesticide. As part of the settlement agreement, Burt’s Bees will pay a penalty of $11,550 and undertake an environmental compliance promotion Supplemental Environmental Project (SEP) involving a one-day FIFRA regulatory training course to all companies within the Research Triangle Park area. The SEP must be completed within 120 days.
Georgia - Region 4 Files Consent Agreement and Final Order (CAFO) with Home Depot U.S.A. and AS America, Inc. to Resolve Alleged FIFRA Violations: On June 3, 2008, Region 4 filed a CAFO resolving alleged violations by Home Depot U.S.A, Incorporated, and AS America, Incorporated (Respondents), of FIFRA Section 12(a)(1)(A). The violations resulted from the sale and distribution of two unregistered pesticides. Pursuant to the CAFO, the Respondents will pay a civil penalty of $232,960. The Respondents will also be required to relabel all existing inventory of the unregistered pesticides to comply with the treated articles exemption and remove them from the purview of FIFRA by September 6, 2008. The violations were based on information obtained during an EPA inspection conducted on November 21, 2006, at two Home Depot stores in Georgia.
South Carolina - Region 4 Files Consent Agreements and Final Orders (CAFO) in FIFRA Case: On March 11, 2008, the Regional Judicial Officer approved a CAFO with Green Star Group. During a February 8, 2006, inspection of Univar USA in Greer, the inspector observed that the EPA-registered product AUncle Albert's Super Smart Ant Bait,@ produced and distributed by Green Star, failed to have required precautionary statements, the name and address of the producer, and the registration number prominently displayed on the label so as to make them readable and understandable. As a result of the inadequate labeling, EPA determined that the product was misbranded and that Green Star violated sections 12(A)(1)(C) and (E) of FIFRA by distributing a misbranded pesticide. Green Star has agreed to pay a penalty of $4,605 plus interest in four installments.
Georgia - Region 4 Files Consent Agreements and Final Orders (CAFO) in FIFRA Case: On March 7, 2008, the Regional Judicial Officer approved a CAFO with Serum Products, Limited Liability Corporation. Based on an August 20, 2006 inspection of Serum's facility, EPA determined that Serum had violated FIFRA section 12(a)(1)(A) by distributing and selling two unregistered pesticide products - ASerum 1000@ and ASerum 2000,@ and FIFRA section 12 (A)(1)(L) by producing pesticide products in an unregistered establishment. The CAFO requires Serum to pay a penalty of $7,905 plus interest in four equal installments.
Kentucky - Two Defendants Sentenced for Pesticide Misuse: On January 25, 2008, Marvin Watkins and Bo Branham were each sentenced in the U.S. District Court for the Eastern District of Kentucky to pay a fine of $2,500 for misdemeanor violations of FIFRA and the Migratory Bird Treaty Act. Both defendants pled guilty to charges that they had laced animal carcasses with carbofuran, a restricted-use pesticide, in order to protect Watkins' fighting chickens from predators. Two red-tailed hawks and a dog were poisoned.
North Carolina - Region 4 Files Consent Agreements and Final Order (CAFO) with Indusco, Limited, to Resolve FIFRA Violations: On January 23, 2008, a CAFO with Indusco was approved by the Regional Judicial Officer. EPA analyzed samples of Indusco’s registered antimicrobial pesticide product “Envirosystems Quaternary Germicidal Cleaner 426” and determined that it was ineffective against the microorganism Pseudomonas Aeruginosa when used in accordance with label directions for hospital disinfection. On July 27, 2007, EPA issued a Stop Sale, Use or Removal Order (SSURO) prohibiting Indusco from any further sale and distribution of the product. The product also was misbranded because its label made efficacy claims about the product that were false and misleading in violation of FIFRA Section 2(q)(1)(A). Under Section 12(A)(1)(E), it is illegal to distribute or sell any pesticide that is misbranded. Under the CAFO, the SSURO remained in effect and Indusco agreed to pay a penalty of $3,825.
Georgia - Region 4 Enters into Consent Agreement and Final Order (CAFO) with a person d/b/a Complete Supply, Incorporated, to Resolve Alleged Violations of FIFRA: On January 8, 2008, EPA Region 4 filed a CAFO with Ronald Lugo d/b/a Complete Supply, Incorporated, to resolve alleged violations that the company distributed and sold products which were misbranded and unregistered, and produced pesticides at an unregistered establishment. The company produced and sold products, “CS Sanitize” and “Lemon Cleaner,” as imitations of another EPA registered product. The labels for the products did not bear the net contents. Laboratory analyses indicated that the strength of the active ingredients was less than the strength listed on the labels. The products bore pesticide registration and establishment numbers, but the products were not registered with EPA, and the products were produced at an unregistered establishment. The CAFO alleged that the company violated FIFRA Sections 12(a)(1)(E), 12(a)(1)(A), and 12(a)(2)(L). Under the CAFO, the Respondent will pay a civil penalty of $19,362.
Georgia - Region 4 Files Consent Agreements and Final Order (CAFO) with Waterman, Incorporated, to Resolve FIFRA Violations: On January 7, 2008, a CAFO with Waterman was approved by the Regional Judicial Officer to resolve FIFRA violations. Waterman violated FIFRA Section 12(a)(1)(E) by distributing and selling three pesticide products that were misbranded, including “Algaecide-TC,” “AW Bactericide” and “Microtrol.” Under FIFRA Sections 2(q)(1)(E) and (G), a pesticide is misbranded if any words, statements, or other information required by the Act are not prominently placed on the label in such a way as to make readable or understandable, or if the label fails to contain warning or caution statements adequate to protect human health and the environment. The labels on Waterman’s products failed to contain warnings, caution statements, and directions for calling a poison center or doctor. Waterman has agreed to pay a penalty of $7,221.
North Carolina - Region 4 Files Consent Agreements and Final Order (CAFO) with Good Housekeeping Maintenance Supplies to Resolve FIFRA Violations: On January 7, 2008, a CAFO with Good Housekeeping (GHMS) was approved by the Regional Judicial Officer to resolve FIFRA violations. GHMS violated FIFRA Section 12(a)(1)(A) by distributing and selling two unregistered pesticide products - “Heavy Duty 575 Neutral Cleaner and Deodorizer” and “Heavy Duty Neutral Lemon Quat Cleaner and Deodorizer.” Also, GHMS violated FIFRA Section 12 (A)(1)(L) by producing pesticide products in an unregistered establishment. GHMS agreed to pay a penalty of $5,755.
OPA
Region 4 Files Consent Agreement and Final Order (CAFO) With Illinois Central Railroad Company for Alleged CWA Violations, as Amended by OPA: On February 8, 2008, EPA Region 4 filed a consent agreement and final order (CAFO) resolving alleged violations by Illinois Central Railroad Company of CWA Section 311. The violations stemmed from a train collision and subsequent fire in which approximately 500 to 700 gallons of diesel oil were spilled into a navigable water of the United States. As part of the CAFO, the Respondent is required to pay a civil penalty of $7,500.
RCRA
Alabama - EPA Region 4 Issues a RCRA 7003 Order to Bessemer Petroleum Incorporated (Respondent): On July 24, 2008, EPA issued a RCRA 7003 Order to the Respondent. The Facility now is abandoned, was used for the sale and distribution of fuel oil products, including gasoline and diesel. The Facility contains fixed, portable and mobile aboveground storage tanks (ASTs); underground storage tanks (USTs) for the bulk storage of petroleum products; an oil water separator; and numerous drums. Due to inadequate site security; inadequate characterization of the volume and content of the ASTs, USTs, and drums on-site; inadequate management of the oil-water separator, ASTs, USTs, and drums on-site; and containment issues, the Division Director for the RCRA Division determined that the Facility may pose an imminent and substantial endangerment to the residents located on three sides of the Facility and any potential trespassers. He also determined that in the event of a release or fire at the Facility, emergency responders would potentially be in danger from dealing with unknown contents. As a result, the Division Director signed a unilateral RCRA 7003 Order requiring the Respondent to secure his facility and conduct an inventory of the material on site. The Order goes into effect ten days from receipt by the Respondent.
Georgia - Administrative Complaint Filed Against Kanchanlal Patel for Underground Storage Tank (UST) Violations: On July 18, 2008, EPA filed an Administrative Complaint and Compliance Order against Kanchanlal Patel for underground storage tank UST violations pursuant to Section 9006 of RCRA. At the time of EPA’s inspection, Mr. Patel owned two facilities in Georgia with a total of 8 USTs between them. The Complaint cites Mr. Patel for the following violations: failure to use a method of release detection for tanks, and for underground piping; failure to provide cathodic protection; failure to use overfill prevention; and not answering two information requests from EPA. The proposed penalty cited in the Complaint is $47,728. The Compliance Order seeks injunctive relief that requires Respondent to bring his USTs into compliance, and to certify he has done so.
Georgia - Pyrotechnic Specialty Products, Incorporated (PSI) and Company Employees Indicted for RCRA Felonies: On July 17, 2008, a grand jury in the Middle District of Georgia returned a superseding indictment in which the grand jury charged PSI, CEO David Karlson, and production manager, Daniel Ramon, with 10 counts of violating RCRA. The environmental counts were added to 12 earlier charges of mail fraud and conspiracy. The RCRA counts included illegal treatment, storage and disposal of waste flash bang grenades and military flares. Evidence shows that the defendants caused the grenades to be disposed of by detonating them on bare ground at the facility and caused the hazardous components of the discarded flares to be ignited in a burn pit. Flares and flash bang grenades had been stored for longer that the allowable holding times. PSI did not have a permit allowing the company to treat or dispose of hazardous waste.
Mississippi - Man Pleads to RCRA Felony: On February 27, 2008, during his criminal trial, Randy Marchbanks, President of Mid-South Specialty Products, of Memphis, Tennessee, pled guilty to illegally disposing of hazardous waste. He had been indicted after the discovery at Mid-South of numerous containers which held waste methyl ethyl ketone, paint thinners, and other solvents, and after investigators learned that Marchbanks had caused hazardous waste to be dumped at various locations in Mississippi. As part of his plea, Marchbanks agreed to pay EPA’s costs incurred in connection with cleaning up the site (known to CERCLA as the Smart Road Dump Site) which totaled $127,982.43.
Georgia - Man Sentenced In Hazardous Waste Case: On February 26, 2008, Deryl Parker, of Greenville was sentenced in U.S. District Court in Atlanta to 16 months in prison and one year supervised release by District Judge Jack T. Camp. Last year, Parker pled guilty to one felony count of transporting hazardous waste without a manifest. The waste was an ignitable material transported to Parker's residence by a business partner and subsequently moved by Parker to an unknown location. The Judge ordered Parker to report to the U.S. Bureau of Prisons within 30 days.
Mississippi Man Sentenced to Prison for RCRA and False Statement Crimes: On February 7, 2008, in the Southern District of Mississippi, U.S. District Court Judge David Bramlette sentenced Dennis Eugene Pridemore to serve 41 months incarceration, serve 36 months supervised release, and pay a special assessment of $600 for violations of RCRA and Title 18 Section 1001 (false statements). Payment for restitution will be determined when the costs of the crime are determined. Pridemore had pled guilty in December 2007, to a 6 count indictment charging him with numerous violations of RCRA and false statements in connection with the operation of Hydromex, Incorporated. Hydromex was created to accept lead-contaminated waste from paint removing operations. When the products proved unsaleable, Hydromex stockpiled, buried and otherwise illegally disposed of the waste at its facility in Mississippi.
SDWA
Kentucky - EPA Issues Consent Agreement and Final Order (CAFO) to BreitBurn Operating Limited Partnership: On July 23, 2008, EPA issued a CAFO to BreitBurn Operating to resolve Safe Drinking Water Act violations at the company’s underground injection well located on the Olin Lease in Kentucky. BreitBurn had not demonstrated the mechanical integrity of the well for more than five years and had failed to submit transfer documentation. The company promptly corrected the violations and has agreed to pay a penalty of $3,741.
Kentucky - EPA Issues Consent Agreement and Final Order (CAFO) to Hawkins Oil Company: On July 7, 2008, EPA issued a CAFO to David Hawkins, an individual doing business as Hawkins Oil Company. The CAFO resolves Safe Drinking Water Act violations at the company’s two rule-authorized underground injection wells located on the South Fork lease in Powell County. Hawkins had not demonstrated the mechanical integrity of the wells for more than 5 years and had never submitted annual monitoring reports. The CA/FO requires that Hawkins obtain a permit for the wells and pay a $2000 penalty.
Kentucky - EPA Issues Consent and Final Order (CAFO) to Butler County Flood: On June 6, 2008, EPA issued a CAFO to Butler County Flood to resolve a Safe Drinking Water Act violation at the company’s underground injection well located on the B. Andrews/Gardner Lease. Butler County Flood had not demonstrated the mechanical integrity of the well for more than 5 years. The company promptly corrected the violation and has agreed to pay a penalty of $3500.
Kentucky - EPA Issues a Consent Agreement and Final Order (CAFO) to Lincoln Energy Corporation: On June 6, 2008, EPA issued a CAFO to Lincoln Energy Corporation, a Massachusetts corporation. The CAFO resolves a Safe Drinking Water Act violation at the company’s underground injection well located on the L.R. Waitman Lease in Kentucky. Lincoln had not demonstrated the mechanical integrity of the well for more than 5 years. The company promptly corrected the violation and has paid the penalty of $2,108.
Kentucky - EPA Issues Cease Injection Order to Roseclare Oil Company: On May 22, 2008, EPA issued a cease injection order to Roseclare Oil Company, an Indiana corporation, pursuant to Section 1423 of the Safe Drinking Water Act and 40 Code of Federal Regulations Section 144.1. In December 2007, EPA discovered that 11 of Roseclare’s Class II injection wells, located in Western Kentucky, had been mechanically altered so that they could appear to pass a mechanical integrity test. The mechanical alteration, accomplished by the insertion of a device which bypassed the well annulus, rendered the wells incapable of passing a mechanical integrity test. This resulted in a violation of 40 Code of Federal Regulations Section 144.28(f)(2) which requires that the mechanical integrity of a well be established and maintained until the well is plugged.