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Enforcement Actions Archives 2007, 2006 and 2005
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)
- "False Statement Act"
- Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
- Freedom of Information Act (FOIA)
- Migratory Bird Treaty Act
- Oil Pollution Act (OPA)
- Refuse Act (REFA)
- Resource Conservation and Recovery Act (RCRA)
- Rivers and Harbors Act
- Safe Drinking Water Act (SDWA)
- Toxic Substance Control Act (TSCA)
- Underground Storage Tanks (UST)
Select the statute from the list inside of the box on the right side of this page. Under each statute, the enforcement actions are organized by year in reverse chronological order.
Learn about 2008 enforcement actions.
CAA 2007
Alabama and Mississippi - U.S. District Court for the Northern District of Alabama Enters Hunt Refining Company and Hunt Southland Refining Company Consent Decree: On December 20, 2007, the U.S. District Court for the Northern District of Alabama entered a CAA Consent Decree naming Hunt Refining Company and its subsidiary, Hunt Southland Refining Company. This Consent Decree is a part of the National Petroleum Refinery Initiative (Initiative). The scope of this settlement covers 3 of Hunt's petroleum refineries located in Tuscaloosa, Alabama, and Lumberton and Sandersville, Mississippi. The Consent Decree addresses all the marquis issues in the Initiative including Leak Detection and Repair; Benzene National Emission Standard for Hazardous Air Pollutants; Prevention of Significant Deterioration and New Source Review; and New Source Performance Standards applicability to sulfur dioxide (SO2) and nitrogen oxide (NOx) emissions from Claus Recovery Plants and Heaters and Boilers and Flares. Pursuant to the Consent Decree, Hunt will pay a $400,000 penalty, and spend more than $48.5 million in new and upgraded pollution controls at its refineries. The states of Alabama and Mississippi are co-plaintiffs in this action and will receive shares of the civil penalty. Hunt will also spend $475,000 on Supplemental Environmental Projects (SEPs) that will upgrade controls to reduce volatile organic compound emissions from the wastewater system at the Tuscaloosa refinery and purchase emergency preparedness equipment for the aid responders in Vicksburg, Mississippi, and Choctaw County, Alabama. The emission reductions expected at the Hunt refineries include NOx (150 tons per year [tpy]) and SO2 (1,100 tpy). These pollutants can cause serious respiratory problems and exacerbate cases of childhood asthma.
Tennessee - Region 4 Files Consent Agreement and Final Order (CAFO) with Republic Plastics, Limited Partnership, to Resolve Alleged Violations of CAA Section 112(r): On November 29, 2007, Region 4 filed a CAFO to resolve alleged violations of CAA Section 112(r) with Republic Plastics, Limited Partnership, (Respondent) Knoxville. The violations were the result of Respondent’s failure to fully comply with the Chemical Accident Prevention Provisions codified at 40 Code of Federal Regulations Part 68 (Risk Management Program). To resolve this matter, the Respondent agreed to pay a civil penalty of $7,700 to the U.S. Treasury.
Tennessee - Region 4 Files Expedited Settlement Agreement (ESA) with Lamberti Synthesis USA to Resolve Alleged CAA Violations: On November 29, 2007, Region 4 filed an ESA to resolve alleged violations of CAA Section 112(r) with Lamberti Synthesis USA, (Respondent) located in Chattanooga. The violations were the result of Respondent’s failure to fully comply with the Chemical Accident Prevention Provisions codified at 40 Code of Federal Regulations Part 68 (Risk Management Program). To resolve this matter, the Respondent agreed to pay a civil penalty of $1,200 to the U.S. Treasury.
Tennessee - Region 4 Files Consent Agreement and Final Order (CAFO) with BAE Systems Ordnance Systems, Incorporated, to Resolve Alleged CAA Violations: A CAFO was filed on November 27, 2007, to resolve alleged violations of CAA Section 112(r) with BAE Systems Ordnance Systems, Incorporated, (Respondent) located in Kingsport. The violations were the result of Respondent’s failure to fully comply with the Chemical Accident Prevention Provisions codified at 40 Code of Federal Regulations Part 68 (Risk Management Program). To resolve this matter, the Respondent agreed to pay a civil penalty of $21,700 to the U.S. Treasury.
Tennessee - U.S. District Court for Western District of Texas Enters Premcor Refining Group and The Lima Refining Group CAA Consent Decree: On November 20, 2007, the U.S. District Court for the Western District of Texas entered a CAA Consent Decree naming Premcor Refining Group, Incorporated, and the Lima Refining Company (subsidiaries of Valero Energy Company [Valero]) as Defendants. The Consent Decree covers Valero’s three most recently acquired refineries located in Memphis, Tennessee; Lima, Ohio; and Port Arthur, Texas. The Consent Decree addresses the National Emission Standards for Hazardous Air Pollutants for Benzene Waste Operations; Prevention of Significant Deterioration and New Source Review; New Source Performance Standards applicability to sulfur dioxide (SO2) and nitrogen oxide (NOx) emissions from Claus Sulfur Recovery Plants, Heaters and Boilers, and Flares; Leak Detection and Repair Standards; CERCLA; and EPCRA. Pursuant to the Consent Decree, the Defendants will pay an aggregate of $4,250,000, as follows: $2,750,000 to the U.S.; $800,000 to the State of Ohio; and $700,000 to Memphis Shelby County Health Department (MSCHD). Also, the Defendants will spend $4,250,000 to perform various Supplemental Environmental Projects including a Memphis Wastewater Treatment H2S Reduction Project, City of Memphis Ozone reduction Project and Port of Memphis Emission Reduction Project. In addition, MSCHD has allocated $150,000 of their awarded penalty portion to establish an Environmental Justice grant to benefit citizens in that area. Overall, approximately $232 million will be spent on new and upgraded pollution controls at the three refineries. Implementation of these controls will result in the overall reduction of annual emissions of NOx by more than 1,870 tons and SO2 by more than 1,810 tons per year (tpy). The reductions expected at the Memphis Refinery include 319 tpy of NOx, 3 tpy of particulate matter, and 5 tpy of carbon monoxide. These pollutants can cause serious respiratory problems and exacerbate cases of childhood asthma.
Alabama and Mississippi - Hunt Refining Company and Hunt Southland Refining Company Consent Decree Lodged: On September 28, 2007, the consent decree with Hunt Refining and its subsidiary, Hunt Southland Refining, was lodged in U.S. District Court, Northern District of Alabama. This consent decree is a part of the National Petroleum Refinery Initiative. The scope of this settlement covers three of Hunt's petroleum refineries located in Tuscaloosa, Alabama; and Lumberton and Sandersville, Mississippi. The consent decree addresses all the marquis issues in the initiative (Leak Detection and Repair, Benzene National Emission Standards for Hazardous Air Pollutants and New Source Performance Standards Subparts A and J (sulfur dioxide emissions from Claus Sulfur Recovery Plants and Flaring). Pursuant to the consent decree, Hunt will pay a $400,000 penalty, and spend more than $48.5 million in new and upgraded pollution controls at its refineries. In addition, Hunt will spend $475,000 on Supplemental Environmental Projects (SEPs). The SEPs include the implementation of upgrade controls to reduce volatile organic compound emissions from the wastewater system at the Tuscaloosa refinery and the purchase of emergency preparedness equipment for the aid responders in Vicksburg, Mississippi, and Choctaw County, Alabama. The projected annual emission reductions include nitrogen oxide (150 tons per year) and sulfur dioxide (1,200 tons per year). The states of Alabama and Mississippi are co-plaintiffs in this action and will receive shares of the civil penalty. In addition, Hunt will implement injunctive relief for all the maximum available control technology (MACT) triggered by leak detection and repair applicability, including Refinery MACT, Asphalt MACT, and Organic Liquids Distribution MACT.
Georgia - Region 4 Files Consent Agreement and Final Orders (CAFOs) Resolving CAA Section 609 Violations: On August 29, 2007, EPA filed three CAFOs resolving CAA Section 609 Motor Vehicle Air Conditioners (MVAC) violations by Waters Ford Company of Blackshear, Prince Ford-Mercury of Tifton, and Coffee Automotive of Alma. All three cases involved the failure to employ a certified MVAC technician in violation of 40 Code of Federal Regulations Part 82 and CAA Section 609.
Alabama - Region 4 Files an Expedited Settlement Agreement (ESA) with R.L. Ziegel Company, Incorporated, (Respondent) to Resolve Alleged Violations of CAA Chemical Accident Prevention Program Requirements: On August 21, 2007, an ESA was filed with the Respondent, located in Selma. On July 26, 2006, an EPA compliance monitoring inspection revealed that the Respondent could not provide evidence that requirements had been met regarding retention of compliance audit reports, development and implementation of safety and health operating procedures, and timely performance of process hazard analysis. The Respondent agreed to pay a civil penalty of $1,260.
North Carolina - Region 4 Enters into Consent Agreement and Final Order (CAFO) with Rippy Automotive Company to Resolve Alleged CAA Violations: On August 21, 2007, EPA Region 4 filed a CAFO with Rippy Cadillac-Oldsmobile, Incorporated, (Respondent) of Wilmington, resolving alleged violations of CAA Section 609 and the regulations promulgated at 40 Code of Federal Regulations Part 82, Subpart B. In the CAFO, EPA alleged that the Respondent performed service for consideration involving the refrigerant of motor vehicle air conditioners, without the use of properly trained and certified technicians. Under the CAFO, the company will pay a civil penalty of $7,090 to resolve the alleged violations.
Tennessee - Region 4 Files an Expedited Settlement Agreement (ESA) with Pathway Polymers (Respondent) to Resolve Alleged Violations of CAA Chemical Accident Prevention Program Requirements: On August 21, 2007, an ESA was filed with the Respondent located in Chattanooga. On March 16, 2006, an EPA compliance monitoring inspection revealed that the Respondent could not provide evidence that requirements had been met regarding 1) compilation of safety information, 2) documentation of hazards review, 3) implementation of mechanical integrity procedures, 4) timely evaluation and certification of compliance procedures and practices, and 5) timely review and update of the Risk Management Plan. The Respondent agreed to pay a civil penalty of $2,370.
Georgia - Region 4 Files an Expedited Settlement Agreement (ESA) with Americold Logistics, Limited Liability Company, (Respondent) to Resolve Alleged Violations of CAA Chemical Accident Prevention Program Requirements: On August 20, 2007, an ESA was filed with the Respondent, located in Atlanta. On June 27, 2006, an EPA compliance monitoring inspection revealed that the Respondent could not provide evidence that requirements had been met regarding retention and scheduling of process hazard analysis, inspection and testing practices, compilation of safety information, correction of equipment process deficiencies, and timely evaluation of compliance procedures and practices. The Respondent agreed to pay a civil penalty of $1,140.
Tennessee - Region 4 Files an Expedited Settlement Agreement (ESA) with Helm Fertilizer Terminal, Incorporated, (Respondent) to Resolve Alleged Violations of CAA Chemical Accident Prevention Program Requirements: On August 14, 2007, an ESA was filed with the Respondent, located in Memphis. On June, 8, 2006, an EPA compliance monitoring inspection revealed that the Respondent could not provide evidence that requirements had been met regarding timely certification of operating procedures, and evaluation of source siting and human factors in process hazard analysis. The Respondent agreed to pay a civil penalty of $480.
Tennessee - Region 4 Files Consent Agreement and Final Order (CAFO) to Resolve Alleged Violations of CAA Stationary Source Rules Governing Risk Management Programs: On July 26, 2007, Region 4 filed a CAFO with W. M. Barr and Company, (Respondent), located in Memphis. On June 29, 2006, an EPA compliance monitoring inspection revealed that the Respondent could not provide evidence that employees were given refresher training as required under 40 Code of Federal Regulations (CFR) Section 68.54(b), nor could the Respondent provide proof of compliance with 40 Code of Federal Regulations Section 68.58(a), which requires that an entity evaluate its compliance and certify to the adequacy of procedures and practices of its Risk Management Program. The Respondent agreed to pay a penalty of $14,700.
Georgia - EPA Region 4 Files Consent Agreement and Final Order (CAFO) with Oldcastle Building Products, Incorporated, (Oldcastle): On July 19, 2007, EPA Region 4 filed a CAFO with the Oldcastle to resolve alleged violations of Section 183 of the CAA regarding volatile organic compound (VOC) content in architectural coatings. As part of the settlement, Oldcastle is required to pay mandatory fees of $2,582.07 for exceeding the VOC content of its architectural coatings in 2002 and 2003. In addition, Oldcastle will pay a civil penalty of $39,508. Located in Atlanta, Oldcastle is a manufacturer and/or importer of architectural coatings.
Tennessee - Region 4 Files Three Expedited Settlement Agreements (ESAs) to Resolve Alleged Violations of the CAA Chemical Accident Prevention Program: On July 5 and June 28, 2007, three ESAs were filed to resolve alleged violations of the CAA Chemical Accident Prevention Program pursuant to CAA Section 112(r) and the regulations at 40 Code of Federal Regulations Part 68. To resolve these matters Continental Carbonic Products, Incorporated, Loudon, agreed to pay a penalty of $2,460; Athens Utilities Board, Athens, agreed to pay a penalty of $600; and Eastside Utility District, Chattanooga, agreed to pay a penalty of $2,060.
Tennessee - EPA Region 4 Files an Expedited Settlement Agreement (ESA) with Sysco Food Services to Resolve Alleged Violations of the CAA: On June 19, 2007, Region 4 filed an ESA to resolve alleged violations of CAA Section 112(r)(7). The violations stemmed from an inspection conducted at Sysco’s Nashville facility where EPA found that the facility was not in compliance with the CAA’s Chemical Accident Prevention Program. As part of the settlement agreement, Sysco will pay a penalty of $6,240.
Tennessee - EPA Region 4 Files an Expedited Settlement Agreement (ESA) with the Bedford County Utility District to Resolve Alleged Violations of the CAA: On June 19, 2007, Region 4 filed an ESA to resolve alleged violations of CAA Section 112(r)(7). The violations stemmed from an inspection conducted at the Bedford County Utility District’s water treatment plant located in Shelbyville. During the inspection, EPA found that the facility was not in compliance with the CAA’s Risk Management Program. As part of the settlement agreement, Bedford will pay a penalty of $540.
Florida - Judge Grants Joint Motion to Terminate Consent Decree in U.S. versus Coastal Lumber: On May 29, 2007, Judge Mickle of the Northern District of Florida granted a joint motion filed by the United States and Coastal Lumber to terminate a consent decree that was entered on June 27, 2006. Under the consent decree, Coastal conducted the required emissions tests to determine Prevention of Significant Deterioration (PSD) applicability and paid a civil penalty of $60,000 in connection with its failure to comply with the test order issued by EPA. Coastal submitted its potential-to-emit analysis and source test report for volatile organic compounds, as required by the consent decree. The test results indicate that Coastal did not trigger PSD requirements, and as a result, the parties jointly moved to terminate the consent decree.
Florida - Region 4 Enters into a Consent Agreement and Final Order (CAFO) with MARCOR Remediation, Incorporated, to Resolve a CAA Violation: On April 10, 2007, Region 4 and Respondent, MARCOR Remediation, Incorporated, (MARCOR) entered into a CAFO to settle a violation of the National Emission Standards for Asbestos codified at 40 Code of Federal Regulations Part 61 Subpart M. Pursuant to the CAFO, Respondent will pay a penalty of $23,100. The violation resulted from Respondent’s failure to provide the requisite notification to the Administrator of its intention to renovate a naval ship docked in Mayport. The matter was referred to Region 4 by the Florida Environmental Resources Management Department. Respondent is an asbestos abatement contractor incorporated in the State of Maryland.
Tennessee – Department of Justice (DOJ) Files Williams Refining and Marketing Consent Decree (CD): On March 13, 2007, DOJ filed the CD for the Williams Refining and Marketing, LLC, matter. Since the CD does not include any injunctive relief, it will not be subject to public notice procedures and will become final upon entry by the court. The CD will resolve the liabilities of Williams Refining and Marketing, LLC, for past CAA, CWA, and RCRA violations at the Memphis refinery. Pursuant to the CD, Williams will pay a total of $2.2 million, of which $25,000 is allocated for the CWA claim. A Complaint was filed simultaneously with the CD. The alleged violations occurred at a refinery formerly owned and operated by Williams Refining and Marketing, LLC, a subsidiary of Williams Companies, Incorporated. The refinery is one of the largest petroleum refineries in Region 4. Currently, it has processing capacity of 190,000 barrels per day. In 2003, Williams sold the refinery to Premcor Refining Group. In 2005, the refinery was purchased by Valero Energy Company. The settlement resolves CAA violations that include the failure to comply with standards set forth in the regulations implemented for the benzene National Emission Standard for Hazardous Air Pollutants, and Leak Detection and Repair. The agreement also resolves RCRA violations involving the failure to properly store hazardous waste and one violation of the CWA for an oil spill incident.
Kentucky – Department of Justice (DOJ) Filed Complaint against Kentucky Utilities Company for Violations of the CAA: On March 12, 2007, DOJ, on behalf of EPA, filed a Complaint in the Eastern District of Kentucky against Kentucky Utilities Company for violations of the New Source Performance Standards and Prevention of Significant Deterioration provisions of the Clean Air Act at Kentucky Utilities’s E. W. Brown coal-fired power plant in Mercer County. The violations arose from a modification at Unit 3 of the plant in which a reheater and turbine were replaced. The work had the effect of increasing both Unit 3's hourly emission rate and annual tonnage emissions for NOx, SO2 and PM. Accordingly, the United States’ claims will satisfy the applicable test for emission increases regardless of the Supreme Court's upcoming decision in Environmental Defense versus Duke Energy, argued last November. The United States also alleges that Kentucky Utilities Company violated the Act by operating Unit 3 without revising its Title V permit after the modification to incorporate the applicable New Source Performance Standards and Best Available Control Technology requirements.
Tennessee – Region 4 Settles CAA Section 612 Enforcement Case: On February 27, 2007, Region 4 filed a Consent Agreement and Final Order with the Regional Hearing Clerk which reflects a settlement of an administrative enforcement case involving violations of CAA Sections 612 and 114. The Respondent, Thermofluid Technologies, Incorporated, of Maryville sold substitute refrigerants in violation of CAA Section 612 and the Significant New Alternatives Policy. The company agreed to pay a civil penalty of $15,300 to resolve the matter. This case represents the first enforcement action involving CAA Section 612 violations by EPA Region 4.
Tennessee – Region 4 Files Consent Agreement and Final Order (CAFO) with Russell Stover Candies, Incorporated, (Russell Stover) Resolving Alleged Violations of the CAA: On January 30, 2007, EPA filed a CAFO with Russell Stover to resolve alleged violations of the facility’s operating permit at its Cookeville location. The alleged violations regarded Russell Stover's failure to maintain records for servicing and repairing HVAC units, pursuant to 40 Code of Federal Regulations Section 82.166(k). As part of the settlement agreement, Russell Stover agreed to pay a penalty of $62,824.
Alabama and Mississippi - Bunge Multi-State CAA Settlement Entered: On January 16, 2007, the U.S. District Court for the Central District of Illinois entered the consent decree lodged in October settling CAA claims at 11 oilseed processing plants and 1 corn processing plant owned by Bunge North America, Incorporated, and 3 of its subsidiaries. This consent decree represents the third settlement in the national enforcement initiative targeting grain and oilseed processors. Settlements have been reached with Archer Daniels Midland and Cargill, Incorporated. This settlement arose from alleged violations of the CAA’s Prevention of Significant Deterioration requirements, resulting from modifications to Bunge’s facilities without proper permits and controls. Bunge’s 2 oilseed extraction plants in Region 4 are located in Decatur, Alabama and Marks, Mississippi. The States of Alabama and Mississippi joined the settlement as plaintiff-intervenors. Additional oilseed extraction facilities are located in Indiana, Ohio, Kansas, Iowa, Illinois and Louisiana. In the consent decree, Bunge agreed to lower solvent loss ratio permit limits and install new equipment that will result in VOC and HAP reductions. Bunge will also install various controls at several of its facilities to reduce SO2, NOx, and PM and perform Supplemental Environmental Projects in each participating Region.
CAA 2006
Kentucky - Region 4 Issues a Notice of Violation (NOV) to E.ON U.S. for Violations of the Clean Air Act at its Utilities Subsidiary: On December 6, 2006, EPA issued an NOV to E.ON U.S. for violations of the operating permit requirements and title V requirements of the Clean Air Act at the E.W. Brown facility of its subsidiary, Kentucky Utilities. The NOV alleges that operation of E.W. Brown Unit 3 above the heat input rate included in the operating permit is a violation of the permit. The NOV also alleges that E.ON U.S. failed and continues to fail to update its title V application to reflect the increased operational capacity of Unit 3 in violation of 40 Code of Federal Regulations Section 70.5(b). The NOV allows E.ON U.S. 10 days from receipt to request a conference with EPA to discuss the alleged violations.
Kentucky - EPA Files Consent Agreement and Final Order (CAFO) with CHEMCENTRAL Resolving Alleged Violations of the Clean Air Act: On October 17, 2006, EPA filed a CAFO with CHEMCENTRAL Corporation (CHEMCENTRAL), Louisville, to resolve alleged violations of the facility’s minor source operating permit. The minor source permit program, implemented by Jefferson County, is incorporated into the Kentucky State Implementation Plan and is federally enforceable. The alleged violations regarded CHEMCENTRAL's failure to submit reporting required by its minor source permit. As part of the settlement agreement, CHEMCENTRAL agreed to pay a penalty of $34,288.
Kentucky – Department of Justice (DOJ) Files Proof of Claim on Behalf of EPA in J.L. French Bankruptcy: On August 8, 2006, DOJ filed a proof of claim in bankruptcy court on behalf of EPA against J.L. French. The proof of claim alleges violations of the secondary aluminum Maximum Achieveable Control Technology requirements of the Clean Air Act at its facility in Glasgow. EPA seeks injunctive relief and an as yet undetermined amount in penalties.
Kentucky, New Jersey, Texas - Court Enters Oxy Vinyls Consent Decree: On July 27, 2006, the United States District Court for the Northern District of Texas entered EPA’s proposed consent decree with Oxy Vinyls, LP. Under the global consent decree, which was joined by Regions 2, 4, and 6, the State of New Jersey, and the Louisville Metro Air Pollution Control District, Oxy Vinyls will conduct injunctive relief and supplemental environmental projects aimed at reducing the emission of vinyl chloride at its facilities in Texas, Kentucky and New Jersey. Implementation of the consent decree requirements will reduce emission of vinyl chloride by approximately 40,000 pounds per year. Oxy Vinyls will spend approximately $1.2 million on federal supplemental environmental projects and pay a federal civil penalty of $140,000 and a New Jersey state civil penalty of $200,000. The United States did not receive any comments concerning the consent decree.
Kentucky - EPA Files Consent Agreement and Final Order (CAFO) with Ashland, Incorporated, Resolving Alleged Violations of the Clean Air Act: On July 26, 2006, EPA filed a CAFO with Ashland to resolve alleged violations of the facility’s minor source operating permit. The minor source permit program, implemented by Jefferson County is incorporated into the Kentucky State Implementation Plan and is federally enforceable. The alleged violations regarded Ashland’s failure to submit reporting required by its minor source permit. As part of the settlement agreement, Ashland agreed to pay a penalty of $25,000.
Florida - Court Enters Coastal Lumber Consent Decree: On June 27, 2006, the United States District Court for the Northern District of Florida signed and entered EPA’s proposed consent decree with Coastal Lumber Company. Under the consent decree, Coastal will conduct emissions tests, the results of which will be used to determine if Coastal is required to install pollution controls at the facility. The consent decree also requires that Coastal pay a civil penalty of $60,000 in connection with its failure to comply with the test order issued by EPA pursuant to Section 114 of the Clean Air Act. Notice of the proposed Consent Decree was published in the Federal Register on Wednesday, May 17, 2006. The 30 day public comment period expired on June 16, 2006. The United States did not receive any comments concerning the consent decree.
Alabama - United States Army, Garrison-Redstone Arsenal signs Consent Agreement and Final Order (CAFO) to settle Clean Air Act (CAA) Violations: On May 22, 2006, the United States Army, Garrison-Redstone Arsenal (Redstone) and EPA entered in to a CAFO to settle CAA violations. Pursuant to the CAFO, Redstone will pay a penalty of $32,414 and $203,000 for a supplemental environmental project (SEP). The SEP falls within the Pollution Reduction category and involves the replacement of two existing boilers with high efficient natural gas boilers. The SEP will result in the reduction of several hazardous air pollutants including Nitrogen Oxide, Sulphur Dioxide, Carbon Monoxide and Volatile Organic Compounds. The Alabama Department of Environmental Management referred the matter to EPA after conducting an inspection of the facility located in Redstone. On May 12, 2005, Region 4 issued a Notice of Violation to Redstone alleging Title V violations.
Kentucky, South Carolina, and Tennessee - EPA files Consent Decree with Weyerhaeuser Company for Clean Air Act Violations at Kraft Paper Mills in Bennettsville, South Carolina, Hawesville, Kentucky and Kingsport, Tennessee: On May 5, 2006, the Department of Justice filed a Consent Decree in the Western District of Kentucky to settle violations of Sections 167 and 608 of the Clean Air Act and the Kentucky State Implementation Plan. The violations were the result of hogged fuel boiler and wood waste dryer construction activities, which constituted a physical change in or change in the method of operation of the Hawesville mill, and resulted in a significant increase in emissions of particulate matter. The violations also resulted from Weyerhaeuser's failure to submit recovery equipment certification forms and bring appliance leak rates below acceptable levels. As part of the settlement, Weyerhaeuser shut down the area of the Hawesville plant where the woodwaste boiler and the dryer system are located. In addition, Weyerhaeuser has committed to operate the boiler as a standby boiler, firing only natural gas, and to shut down the dryer system. Weyerhaeuser is currently working with the Kentucky Division of Air Quality to ensure that the proper operating restrictions are incorporated into its Title V operating permit. Prior to this settlement, the hogged fuel boiler was permitted to burn natural gas, number 5 fuel oil, woodwaste and sludge. The estimated emission reductions as a result of this settlement are 117.1 tons of PM, 8.3 ton SO 2 , 271.7 tons CO, 28.9 tons NO x and 126.1 tons VOC. Weyerhaeuser has also submitted the required recovery equipment certification forms, repaired the leaking appliances, and agreed to pay a $142,000 penalty.
Florida - Region 4 Files Consent Agreement and Final Order (CAFO) with City of Blountstown to Resolve Alleged Violations of the Sewage Sludge Regulations: A CAFO was filed on May 3, 2006, to resolve alleged violations of Section 405(e) of the Clean Water Act which prohibits the disposal of sludge from treatment works treating domestic sewage except in accordance with the Standards for the Use or Disposal of Sewage Sludge found at 40 Code of Federal Regulations (CFR) Part 503. The CAFO resolved allegations that the city of Blountstown failed to submit annual reports and land applied approximately 191 dry metric tons of sewage sludge which failed to comply with the pathogen reduction requirements over a three-year period. The city of Blountstown agreed to pay a $3,000 civil penalty to resolve this matter. This matter was settled using the quick resolution provisions of 40 CFR Section 22.18(b).
Alabama - Region 4 Files Expedited Settlement Agreement (ESA) with the Albertville Municipal Utilities Board to Resolve Alleged Violations of the CAA: On March 30, 2006, an ESA was filed to resolve alleged violations of the CAA Section 112(r)(7) and the regulations at 40 Code of Federal Regulations Section 68.190(b)(1) with the Albertville Municipal Utilities Board, Albertville (Respondent). The violations were the result of Respondent's failure to submit a Risk Management Plan for its facility at 901 East McKenny Ave., Albertville. Respondent agreed to pay a penalty of $400 to resolve the violations.
Florida - Region 4 Files Consent Agreement and Final Order Resolving CAA Section 609 Violations at Daytona Beach Lincoln Mercury: On February 9, 2006, Region 4 filed a Consent Agreement and Final Order (CAFO), simultaneously commencing and concluding an enforcement action for alleged violations of Section 609 of the Clean Air Act (CAA) by Daytona Beach Lincoln Mercury. Section 609 requires persons servicing motor vehicle air conditioning systems (MVAC) for consideration to be properly trained and certified under a program approved by the EPA Administrator. EPA alleged that Daytona Beach Lincoln Mercury performed service for consideration involving MVAC refrigerant without the use of properly trained and certified technicians at its facility in Daytona Beach. Under the terms of the CAFO, the company agreed to pay a penalty of $12,704 and certify that it is now in compliance with the requirements of CAA Section 609.
CAA 2005
Alabama - Region 4 Issues Notice of Determination to Crompton Manufacturing Company for Self-Disclosed Clean Air Act Violation: On September 9, 2005, EPA Region 4 issued a Notice of Determination (NOD) regarding a Clean Air Act permit violation by Crompton Manufacturing Company at its facility in Bay Minette. Crompton notified Region 4 that it violated a condition of its Alabama-issued Air Permit, which limited hourly emissions of nitrogen oxides. After reviewing the facts surrounding the violation and the disclosure, Region 4 determined that all of the conditions of EPA's Final Policy Statement on Incentives for Self-Policing: Discovery, Disclosure, Correction, and Prevention of Violations (the "Audit Policy") were met, and Crompton obtained no economic benefit from the violation. Consequently, the NOD resolved the violation without seeking a penalty.
Georgia - EPA Region 4 Enters a Consent Agreement and Final Order (CAFO) with Coca-Cola Bottling Company, Consolidated: On September 26, 2005, the Regional Judicial Officer signed a CAFO under which Coca-Cola Bottling agreed to pay a penalty of $15,373 for violating Section 112(r) of the CAA by failing to submit a Risk Management Plan addressing its usage of ammonia in excess of the 10,000 pounds per year threshold as required by 40 Code of Federal Regulations Sections 68.12 and 68.150. The CAA violation was voluntarily disclosed by Coca-Cola in a September 15, 2005 self-disclosure letter. Region 4 found that Coca-Cola met the criteria of EPA's "Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations," (Audit Policy) and waived any gravity-based penalty based on the Audit Policy. The penalty of $15,373 was assessed based on economic benefit.
Alabama, Georgia, North Carolina and Tennessee - Cargill Consent Decree Lodged in Minnesota Federal District Court: On September, 2005, EPA and the Department of Justice lodged a multi-state consent decree in U.S. District Court in Minnesota that settles alleged Clean Air Act violations at Cargill's 27 domestic plants. EPA Region 5 and the Department of Justice led this national enforcement effort, with participation from Regions 4, 6, 7 and 8, and several states and local agencies. The settlement arose out of alleged violations of the Clean Air Act's Prevention of Significant Deterioration requirements resulting from modifications to Cargill's facilities without proper permits and/or controls. In this settlement, which is similar to one reached with Cargill's largest competitor, Archer Daniels Midland, in 2003, Cargill agreed to implement a program of enforceable emissions reductions of SO 2, CO, NOx, and VOCs from its corn processing and oilseed processing plants, pay a civil penalty of $1.6 million to the United States and participating states, and perform federal and community-based Supplemental Environmental Projects valued at $3.5 million. The settlement will result in a reduction of approximately 30,000 tons of pollution per year at a cost to Cargill of an estimated $130 million. In Region 4, facilities affected by the settlement include corn processing facilities in Memphis, Tennessee, and Decatur, Alabama, and oilseed processing facilities in Fayetteville, North Carolina; Gainesville, Georgia; Guntersville, Alabama; and Raleigh, North Carolina.
Alabama - Region 4 Files Consent Agreement and Final Order (CAFO) with Valley Ford and Mercury to Resolve Alleged Violations of the Clean Air Act (CAA): On August 19, 2005, Region 4 filed the CAFO to resolve alleged violations of CAA Section 609(c) with Valley Ford and Mercury (Respondent), Oneonta, Alabama. The violations were the result of Respondent's failure to use properly trained and certified technicians while performing service for consideration involving the refrigerant of a motor vehicle air conditioner. The Respondent agreed to pay a penalty of $9,230.
North Carolina - Region 4 Approves Riegelwood Innovation Project: On August 12, 2005, Region 4 signed the project approval letter for the Riegelwood Innovation Project at International Paper's Riegelwood Mill in North Carolina . This project was developed under the Joint EPA and State Agreement to Pursue Regulatory Innovation . The project includes approval of specific alternative Pulp and Paper Maximum Achievable Control Technology (MACT) compliance requirements for the mill under the Clean Air Act. The MACT requires that the facility control emissions of hazardous air pollutants from certain equipment. This alternative will reduce emissions of methanol by at least 58 tons per year and HAP by more than 87 tons per year, than would be achieved by complying with MACT specifications. Also, this project will invest an additional $5.8 million in other environmental improvements, pollution prevention, and efficiency gains at the mill plus address the community's quality of life concerns. The Riegelwood Mill is the 4th International Paper Innovations Project finalized by Region 4.
South Carolina - Region 4 Waives Penalties in Self-Disclosure of CAA Section 608 Violations by Guilford College: On August 1, 2005, Region 4 signed a Notice of Determination waiving all gravity based penalties in response to a voluntary self-disclosure of CAA Section 608 leak-repair violations by Guilford College of Greensboro, North Carolina.The college discovered the violations in a routine environmental audit and promptly disclosed the discovery to Region 4.The economic benefit component was waived by Region 4 as de minimis.
Tennessee - Consent Decree entered in CAA Section 608 Case against DuPont de Nemours: On July 21, 2005, the Federal District Court for the Western District of Tennessee entered the Consent Decree resolving Clean Air Act Section 608 leak-repair violations that occurred at the DuPont Titanium Oxide facility in New Johnsonville, Tennessee. This settlement will remove more than 20,000 pounds of ozone depleting refrigerants into the environment each year.
The case was originally referred to the Department of Justice on March 24, 2003. The Consent Decree was lodged with the court in May of 2005. Under the Consent Decree, DuPont will perform injunctive relief valued at $1.1 million, pay $250,000 in civil penalties, and perform a Supplemental Environmental Project (SEP) valued at $1.2 million. Pursuant to the injunctive relief and the SEP requirements, DuPont will replace or retrofit four 1,700-ton chillers with devices that use only non-ozone depleting refrigerant.
North Carolina - Region 4 Enters Consent Agreement and Final Order (CAFO) with Arcon, Incorporated to Settle Clean Air Act (CAA) Violations: On June 29, 2005, Region 4 a CAFO with Arcon, Incorporated (Respondent) to settle four violations of Section 112 of the CAA, and the implementing regulations for the National Emission Standards for Hazardous Air Pollutant (NESHAP) for asbestos set forth at 40 CFR. According to the agreement, the Respondent will pay a $3,000 penalty. Region 4 previously settled with two other responsible parties. This matter was brought by EPA because it was referred by the North Carolina Department of Health and Human Services, Division of Public Health, Health Hazard Control Branch (NCHHCB). The asbestos NESHAP regulations are highly significant since they set forth the emission, work practice, and operational standards for asbestos, a known carcinogen that is linked to numerous debilitating cancer-related diseases. During 1999, NCHHCB and EPA inspectors conducted inspections onboard the Motor Vessel (MV) Cape Lobos, a ready-reserve vessel owned and operated by the United States Department of Transportation, Maritime Administration (MARAD). Based on the inspections, it was determined that Respondent was conducting an improper asbestos removal. On February 13, 2004, EPA filed an administrative Complaint against Respondent.
North Carolina - U.S. Circuit Court Rules Against U.S. On Appeal In Duke Energy Clean Air Act Case: On June 15, 2005, the U.S. Circuit Court of Appeals for the Fourth Circuit ruled against EPA and the Department of Justice in the matter of U.S. v. Duke Energy Corporation. A three-judge panel unanimously affirmed the summary judgment decision of the U.S. District Court for the Middle District of North Carolina in favor of Duke Energy, holding that the Clean Air Act's Prevention of Significant Deterioration (PSD) requirements apply to a major modification of a source only if there was an increase in the hourly emissions rate from that source. Previously, on April 14, 2004, Judge Bullock of the Middle District of North Carolina had issued an Order and Final Judgment on the parties' summary judgment motions, in which the Judge ruled for Duke on all remaining counts, and issued an appealable Order and Final Judgment. The U.S. and Plaintiff/Intervenor Southern Environmental Law Center filed an appeal with the Fourth Circuit, and on February 3, 2005, the Fourth Circuit heard oral arguments on this matter. In its opinion written by Judge Motz, the Court ruled that since the statute specifically utilizes the same definition for "modification" in both the NSPS and PSD sections, and since the earlier promulgated NSPS regulations require an increase in the actual emission rate for a change to a source to be a "modification," then EPA may not promulgate or interpret a different regulatory definition for "major modification" under PSD. According to the Fourth Circuit, since the statutory language and the intent of Congress are clear with respect to the identical statutory definitions of "modification," EPA fails under the first prong of the Chevron test and so gets no judicial deference for its interpretation of its rules. Because this ruling was dispositive (the Government had previously stipulated it could not show an increase in hourly emission rates at the Duke plants) the Fourth Circuit did not rule on any of the other issues on appeal.
Alabama - Judge Hopkins Issues Memorandum Opinion and Series of Orders in United States v. Alabama Power Company: On June 3, 2005, Judge Hopkins of the United States District Court for the Northern District of Alabama issued a Memorandum Opinion on the legal tests she would apply in United States v. Alabama Power Company, a case involving an electric utility's compliance with the Clean Air Act's Prevention of Significant Deterioration (PSD) program for modified and new sources. The correct legal tests, according to Judge Hopkins, are consistent with Alabama Power Company's (APC) legal interpretations of the CAA and its implementing regulations. In her Memorandum Opinion, Judge Hopkins found that (1) the "routine maintenance" test is determined by what is common practice in the industry; and (2) that for a significant net emissions increase the maximum hourly rate must increase (consistent with the current interpretation of the new source performance standards applicability test), and increased utilization is irrelevant. Notably, this Memorandum Opinion would not affect the United States commencement of construction claims regarding Plant Miller. The entire case has now been referred to mediation.
Tennessee - Complaint and Consent Decree Lodged in Clean Air Act Section 608 Case Against DuPont de Nemours: (Press Release 050205) On May 2, 2005, a complaint and consent decree for the case of United States v. E.I. DuPont de Nemours was lodged in the Federal District Court for the Western District of Tennessee resolving violations of the CAA Section 608 (stratospheric ozone) leak-repair rule at DuPont's titanium oxide facility in New Johnsonville. The leak-repair rule requires operators of large industrial cooling devices to repair leaking appliances that annually lose more than 35 percent of their refrigerant charge. The settlement is the culmination of two years of negotiations between EPA, the Department of Justice and DuPont. The consent decree requires DuPont to pay a penalty of $250,000 and perform injunctive relief valued at $1.1 million and a Supplemental Environmental Project (SEP) valued at $1.2 million. EPA estimates that more than 9,000 pounds of R-22, an ozone depleting substance, leaked out of DuPont's New Johnsonville facility. The SEP and injunctive relief will remove an additional 20,000 pounds of ozone depleting substances from the manufacturing process. The consent decree must stay open for public comment for 30 days before it can be entered by the District Court.
North Carolina - Region 4 Enters Consent Agreement and Final Order (CAFO) with Featherlite, Incorporated to Resolve Violations of the Clean Air Act (CAA): On March 28, 2005, EPA and Featherlite, Incorporated (Respondent) entered Consent Agreement and Final Order(CAFO) to settle violations of the CAA. Pursuant to the CAFO, Respondent will pay a penalty in the amount of $22,808. EPA alleged that Respondent violated Section 609 of the CAA, and the regulations set forth at 40 Code of Federal Regulations Section 82.34(a), in that: (1) Respondent performed motor vehicle air conditioning (MVAC) service for consideration without the use of properly trained and certified technicians; and (2) Respondent filed a late certification with the Administrator regarding the use of MVAC recovery equipment. Respondent owns and operates a business that services new and used vehicles in Mocksville.
Kentucky - Region 4 Files Consent Agreement and Final Order (CAFO) to Resolve Alleged Violations of CAA Risk Management Program Requirements: On March 1, 2005, a CAFO was filed with Zeon Chemicals to resolve alleged violations of Risk Management Program regulations at 40 Code of Federal Regulations Part 68, for a facility in Louisville. Three regulated chemicals are stored above threshold quantities at this facility. To resolve this matter, the Respondent agreed to pay a $2,625 civil penalty to perform a Supplemental Environmental Project costing at least $37,500.
Alabama - Region 4 Files Consent Agreement and Final Order (CAFO) with Golden Rod Broilers, Incorporated to Resolve Alleged CAA Violations: On February 11, 2005, a CAFO was filed to resolve alleged violations of CAA Section 112(r)(7) and regulations promulgated thereunder at 40 Code of Federal Regulations Part 68, which are intended to help prevent accidental releases of listed, regulated chemicals, and to minimize the consequences of such releases. The Respondent stores or otherwise uses more than 10,000 pounds of anhydrous ammonia and more than 2,500 pounds of chlorine, at its facility in Cullman. The violations were discovered as a result of an inspection at the facility. To resolve this matter, the company has agreed to pay a civil penalty of $21,700.
Alabama and Tennessee - Region 4 Files Seven Expedited Settlement Agreements (ESAs) to Resolve Alleged Violations of CAA Risk Management Program Regulations: On February 3, 2005, 7 ESAs were filed to resolve alleged violations of Risk Management Program (RMP) regulatory requirements at 40 Code of Federal Regulations Part 68, promulgated under CAA Section 112(r)(7). The violations were discovered through inspections. To resolve each matter, each of the following Respondents paid the following reduced civil penalties, as allowed under the EPA Headquarters ESA policy for RMP violations dated January 5, 2004: (1) Soddy Daisy Falling Water Utility District, Soddy Daisy, Tennessee $1,050; (2) Shelton Wilder Plant Foods, Incorporated Mason, Tennessee, $990; (3) Auburn Water Works Board, Auburn, Alabama, $600; (4) Wal-Mart Distribution Center #6095, Opelika, Alabama, $2,610; (5) Covington Waste Water Treatment Plant, Covington, Tennessee, $1,020; (6) Opelika Water Works Board, Opelika, Alabama, $2,760; (7) Chattem Chemicals, Incorporated Chattanooga, Tennessee, $4,050.
CERCLA 2007
Florida - Coronet Industries, Incorporated, Signs Settlement Agreement for Remedial Investigation and Feasibility Study (RIFS): On December 4, 2007, Coronet Industries, Incorporated, (Coronet) signed a Settlement Agreement for the performance of a RIFS at the Coronet Site in Plant City. Coronet is the current owner and prior operator of the Coronet Site. Historical operations at the Site included phosphate rock mining, along with the production of Defluorinated Phosphate, a nutritional supplement for animal feed, and potassium fluoroborate (KBF4), used in the aluminum alloy and electronics industries.
Florida - Region 4 Files Consent Agreement and Final Order (CAFO) with Wheeler Farms, Incorporated, (Respondent) to Resolve Alleged Violations of CERCLA Section 103: On October 30, 2007, Region 4 filed a CAFO to resolve alleged violations of CERCLA Section 103 with the Respondent located in Micco. The violations were the result of Respondent’s failure to immediately report a release over the reportable quantity of aldicarb, a hazardous substance, to the EPA National Response Center. To resolve this matter, the Respondent agreed to pay a civil penalty of $16,250 to the U.S. Treasury.
Georgia - EPA Enters into 122(h) Agreement regarding the Constitution Road Drum Site: On October 25, 2007, EPA issued written notice of the close of the public comment period for a 122(h) Settlement Agreement entered into with Reliable Express, Incorporated, pertaining to the Constitution Road Drum Site in Atlanta. The issuance of this written notice triggers the effective date of the Settlement Agreement. Pursuant to this Agreement, Reliable Express, the current owner of the Site property, is agreeing to market and sell the Site property, with the proceeds going to EPA in resolution of Reliable’s liability at the Site. All monies will be allocated towards EPA’s outstanding past costs.
Florida - Region 4 Signs a Settlement Agreement for Removal Action at the BCX Tank Superfund Site: On October 10, 2007, Region 4 signed an Administrative Settlement Agreement and Order on Consent for Removal Action for the BCX Tank Superfund Site in Jacksonville. The Site is the location of several large, abandoned, above-ground storage tanks that contain hazardous substances. The tanks have leaked and spilled into the secondary containment area, so that it now contains hazardous substances. Under the terms of the agreement, a group of 16 potentially responsible parties will remove and dispose of all sludge and wastewater from the tanks and containment area at the Site. EPA estimates that the removal action will cost $982,121. Work is expected to begin in December and be finished by May 2008.
Alabama - Region 4 Files Consent Agreement and Final Order (CAFO) with DuPont Mobile Manufacturing Center to Resolve Alleged Violations of CERCLA Section 103: On October 9, 2007, Region 4 filed a CAFO to resolve alleged violations of CERCLA Section 103 with DuPont Mobile Manufacturing Center (Respondent) located in Axis. The violations were the result of Respondent’s failure to immediately report a release over the reportable quantity of sulfuric acid, a hazardous substance, to the EPA National Response Center. To resolve this matter, the Respondent agreed to pay a civil penalty of $5,239 to the U.S. Treasury.
Alabama - Region 4 Signs Three Settlement Agreements for Recovery of Past Response Costs Incurred at the B and B Manufacturing Site: On October 1, 2007, Region 4 signed three Settlement Agreements for Recovery of Past Response Costs incurred at the B and B Manufacturing Site located in Mobile pursuant to CERCLA Section 122(h)(1) resolving EPA's claims against Chevron Environmental Management Company, for itself and on behalf of Union Oil Company of California (Chevron), John Bystricky (Bystricky), and Research Solvents and Chemicals, Incorporated (Research Solvents). EPA removed abandoned drums, tanks, totes and contaminated soil from the Site during a removal action completed on February 5, 2002. No further remedial action is planned at the Site. Past costs incurred at the Site through January 11, 2007, total approximately $1,781,397. Pursuant to the terms of the individual settlement agreements, Chevron, a former operator of the Site, will pay $468,253 plus interest (total payment of $497,029), Bystricky, a former owner and operator of the Site, will pay $500 based on his limited ability to pay, and Research Solvents, a former operator of the Site, will pay $468,253 plus interest in three or less installment payments. The payments by Chevron and Research Solvents will result in 100% recovery of costs incurred removing contaminated soil and investigatory activities through January 11, 2007. Neither Chevron nor Research Solvents are liable for costs associated with removal of drums, tanks and totes from the Site since subsequent owners and operators, including Bystricky, admitted they abandoned such items at the Site. EPA is currently negotiating a settlement agreement with the current owner of the Site.
Florida - Court Approves Settlement in Sadler Drum Superfund Site and Johnson Oil Penalty Case: On September 25, 2007, the U.S. District Court for the Middle District of Florida entered a Joint Stipulation of Settlement and Order of Dismissal in the civil action United States of America verses Hugh Johnson. Under the terms of the stipulated settlement, Mr. Johnson, d/b/a Johnson Oil, will pay a $4,000 penalty under Section 104(e)(5)(B) of CERCLA for failure to comply with an information request and subsequent administrative order relating to his involvement with the Sadler Drum Superfund Site in Mulberry. The amount of the penalty is based on the defendant's ability to pay.
Mississippi – Department of Justice Lodges Consent Decree for the Recovery of Costs at the Industrial Pollution Control Superfund Site: On September 24, 2007, the Department of Justice lodged a Consent Decree with the U.S. District Court for the Southern District of Mississippi that resolves the liability of Ferguson Harbour, Incorporated, (FHI) under Section 107 of CERCLA for Past Response Costs at the Industrial Pollution Control Superfund Site (Site) located in Jackson. Pursuant to the Consent Decree, FHI agrees to pay EPA $10,000 in reimbursement of Past Response Costs at the Site. A 30-day public comment period on the proposed settlement will begin to run once notice of lodging of the Consent Decree is published in the Federal Register.
South Carolina - Consent Decree for Remedial Design and Remedial Action Entered Regarding the Admiral Home Appliances Superfund Site in Williston: On September 19, 2007, the United States District Court for the District of South Carolina, approved and entered a Consent Decree pertaining to the Admiral Home Appliances Superfund Site in Williston. Under the terms of the Consent Decree, Dixie-Narco, Incorporated, Maytag Corporation, and Rheem Manufacturing Company are agreeing to fund and implement the remedy selected in EPA’s Record of Decision, issued on September 28, 2006. The proposed remedy includes excavation and off-site disposal of soils and sediments in a former equalization lagoon, Enhanced Reductive Dechlorination for groundwater, and excavation and off-site disposal of sediments and hydric soils in a former wastewater treatment system discharge and wetland area. The remedy is expected to cost over $5.4 million.
Mississippi - Court Approves of Pursue Cost Recovery Settlement at the Industrial Pollution Control Superfund Site: On September 5, 2007, the U.S. District Court for the Southern District of Mississippi approved and entered a cost recovery settlement agreement between EPA and Pursue Energy Corporation (Pursue) at the Industrial Pollution Control Superfund Site (Site) located in Jackson. As part of the settlement agreement, Pursue has agreed to pay EPA $25,000 in partial reimbursement of EPA’s past response costs at the Site. In exchange for its payment, Pursue resolves its liability for response actions taken by EPA at the Site and receives contribution protection from other parties. Pursue was a debtor in Chapter 11 bankruptcy at the time the United States filed its complaint in this matter and, as a result, approval from the Bankruptcy Court was required prior to entry of this settlement agreement.
Georgia - Region 4 Signs Administrative Settlement Agreement and Order on Consent (AOC) at Sikes Oil Service Superfund Site: On September 5, 2007, EPA signed an Administrative Settlement Agreement and AOC pursuant to CERCLA Sections 104, 106(a), 107, and 122 which require that The Timken US. Corporation: (1) pay $110,069 to EPA in reimbursement of Timken’s share of past costs and (2) complete the removal action previously initiated by EPA at the Sikes Oil Service Superfund Site in Arcade. Timken, a generator of waste at this oil recycling facility, is responsible for approximately one third of the waste-oil product sent to the Site. Timken is the largest known generator potentially responsible party at the Site, which operated from 1988 to 2005 as a used oil management facility. Subsequent to a lethal explosion on the Site in 2005, EPA commenced an emergency removal action.
South Carolina - Court Enters Consent Decree (CD) for Past Costs Regarding the Henry Wood Preserving Superfund Site: On August 21, 2007, the United States District Court for the District of South Carolina entered a CD for past response costs regarding the Henry Wood Preserving Superfund Site in Hemingway. Pursuant to this Consent Decree, Hardy D. Brown, a prior owner and operator of the former wood preserving facility, will pay $140,000 to EPA to resolve his liability for past response costs.
Tennessee - Region 4 Files Consent Agreement and Final Order (CAFO) with Erachem Comilog, Incorporated, (Respondent) to Resolve Alleged Violations of Notification Requirements of CERCLA Section 103(a): On August 1, 2007, a CAFO was filed the Respondent, located in New Johnsonville. EPA found that on August 24, 2006, that the Respondent had a release at or above the reportable quantity of a hazardous substance, sulfuric acid. The Respondent had failed to notify in a timely manner the National Response Center of a hazardous substance release. The Respondent agreed to complete a Supplemental Environmental Project, spending a minimum of $19,930, and to pay a penalty of $5,281 for the CERCLA violation.
South Carolina - Consent Decree (CD) for Remedial Design Remedial Action Lodged Regarding the Admiral Home Appliances Superfund Alternative Site: On July 16, 2007, the U.S. Department of Justice, on behalf of EPA, filed a Notice of Lodging of CD in the U.S. District Court for the District of South Carolina, pertaining to the Admiral Home Appliances Superfund Alternative Site in Williston. Under the terms of the CD, Dixie-Narco, Incorporated, Maytag Corporation, and Rheem Manufacturing Company are agreeing to fund and implement the remedy selected in EPA’s Record of Decision, issued on September 28, 2006. The proposed remedy includes excavation and off-site disposal of soils and sediments in a former equalization lagoon, Enhanced Reductive Dechlorination for groundwater, and excavation and off-site disposal of sediments and hydric soils in a former wastewater treatment system discharge and wetland area. The remedy is expected to cost over $5.4 million. The CD is subject to a 30-day public comment period. Press Release
South Carolina - Region 4 Enters into Consent Agreement and Final Order (CAFO) with Eastman Chemical Company in West Columbia, South Carolina, settling CERCLA Violations: On June 14, 2007, a CAFO was filed to resolve alleged violations of Section 103(a) of CERCLA with Eastman Chemical Company, West Columbia. The alleged violation resulted from Respondent’s failure to immediately report a release of the chemical p-xylene, above the reportable quantity, to the National Response Center. To resolve the matter, Respondent agreed to pay a civil penalty of $1, 310 to the U.S. Treasury and to complete a supplemental environmental project worth at least $4,944.
Mississippi - Region 4 Enters into a Consent Agreement and Final Order (CAFO) with Leaf River Cellulose, LLC, to Resolve a CERCLA Violation: On June 5, 2007, Region 4 and Respondent, Leaf River Cellulose, LLC (Leaf River), a subsidiary of Georgia Pacific Corporation entered into a CAFO to settle a violation of Section 103(a) of CERCLA for the amount of $2,619. Pursuant to the CAFO, Leaf River is required to spend $9,825 to perform a Supplemental Environmental Project (SEP). The SEP includes the purchase and donation of equipment to the New Augusta fire and hazardous materials response team. The violation resulted from the Respondent’s failure to immediately notify the National Response Center as soon as Respondent had knowledge of a release of the hazardous substance, sulfuric acid in an amount that exceeded the reporting quantity. The incident occurred on August 21, 2006, at the Respondent’s facility located in Augusta.
Alabama - Region 4 Files Consent Agreement and Final Order (CAFO) with Seaman Timber Company, Inc. to Resolve Alleged Violations of Section 103 of CERCLA: On May 22, 2007, a CAFO was filed to resolve alleged violations of CERCLA Section 103 with Seaman Timber Company, Incorporated, Montevallo. The violations were the result of Respondent’s failure to immediately report a release over the reportable quantity of Creosote, a hazardous substance, to the EPA National Response Center. To resolve this matter, the Respondent agreed to pay a civil penalty of $3,939 to the U.S. Treasury and to complete a supplemental environmental project worth at least $15,446.
Tennessee - Administrative Settlement Agreement and Order on Consent For Remedial Investigation and Feasibility Study (RIFS) for National Fireworks, Incorporated, Superfund Site, Cordova: On April 18, 2007, EPA and Security Signals, Incorporated, signed an Administrative Settlement Agreement and Order on Consent For RIFS for the National Fireworks, Incorporated Superfund Site. The RIFS will be conducted by Security Signals, Incorporated, at Operable Unit 2 (OU2) at the Site. Currently, Security Signals, Incorporated, owns and operates a manufacturing facility, i.e., OU2, within a portion of the Site. From 1941 to 1945, National Fireworks, Incorporated, owned and operated a facility at the Site manufacturing various munitions for the U.S. Departments of the Army and Navy including flares, grenades, smoke pots, 20-mm and 40-mm rounds, and incendiary bombs. Chemicals, including trichloroethene; 1,1-dichloroethene and Perchlorate have been found in the soil and groundwater at the Site. Trichloroethene; 1,1-dichloroethene and Perchlorate are hazardous substances pursuant to CERCLA. The Site is not listed on the National Priorities List and EPA is using the “Superfund Alternative Site” process to obtain the RIFS by Security Signals, Incorporated. The Settlement Agreement also contains an “Alternative Dispute Resolution” provision.
Georgia - Administrative Settlement Agreement and Order On Consent for Removal Action, LCP Chemicals Superfund Site, Brunswick: On April 17, 2007, Region 4 received a signature page executed by Honeywell International, Incorporated, as the Respondent to a CERCLA Sections 106 and 122 Administrative Order on Consent for Removal Action at the Site. No public-notice requirement was triggered by the settlement, and the Region was thus able to promptly execute it, causing April 18, 2007, to be the effective date of the settlement. Under the terms of the Settlement, Honeywell will carry-out the time critical removal action contemplated in EPA Region 4's March 29, 2006 Enforcement Action Memorandum addressing the “Caustic Brine Pool” located in the groundwater beneath the Site.
Florida - Agreement for Recovery of Past Response Costs at the Jernigan Trucking Dump Site Becomes Effective: On April 10, 2007, EPA's Settlement Agreement for Recovery of Past Response Costs with 5 potentially responsible parties (PRPs) who own parts of the Jernigan Trucking Dump Site in Seffner became effective. Under the terms of the agreement, the settling landowners will pay EPA $127,019.81 and will provide reasonable access to the Site for a separate group of waste generator PRPs who are conducting a removal action there under a separate agreement. The Jernigan Trucking Dump Site is a former dairy farm and peat mining operation, encompassing 180 acres just north of Tampa. In the 1970s and 1980s, the Site was used as a dumping ground for utility slag, cement kiln dust, fly ash, auto fluff, and battery casing chips. EPA has measured lead in the surface soils as high as 100,000 mg/kg.
Georgia - U.S. District Court for the Middle District of Georgia Enters a Consent Decree for Reimbursement of Costs Incurred under CERCLA at the Stoller Chemical Company and Pelham Phosphate Company Superfund Site: On March 22, 2007, the U.S. District Court for the Middle District of Georgia entered a Consent Decree providing reimbursement of costs for the Stoller Chemical Company and Pelham Phosphate Company Superfund Site, which is located in Pelham. The Consent Decree provides that the Defendant, Colgate-Palmolive Company, will pay $2,850,000 within 30 days.
Kentucky – Region 4 Signs Removal Administrative Settlement Agreement and Order on Consent for the LWD, Incorporated, Superfund Site: On February 28, 2007, Region 4, signed the Administrative Settlement Agreement and Order on Consent for Removal Action (AOC) for the LWD, Incorporated, Superfund Site. The Potentially Responsible Parties Group consists of 58 parties. They will undertake the time-critical removal work at the Site estimated to cost between $12 million and $15 million. The effective date of the AOC is March 1, 2007. The removal work will be performed in four phases. The work will include decontaminating, dismantling and removing the incinerator structure. The LWD, Incorporated, Site was a former hazardous waste incinerator in Calvert City. In February 2006, the State of Kentucky contacted Region 4’s Emergency Response and Removal Branch to stabilize the Site because an emergency situation had developed. Since March 2006, Region 4 has spent over $3 million on the removal action. Additional time critical removal work is still necessary.
Florida - Region 4 Signs CERCLA 122(h)(1) Settlement Agreement for the Anaconda and Milgo Site (Site) in Miami: On February 22, 2007, Region 4 signed the 122(h)(1) settlement agreement with, BP America, Incorporated, the parent company of the Potentially Responsible Party (PRP), the Atlantic Richfield Company (ARCO). The settlement agreement requires a single payment of $150,000. As of November 30, 2006, total past response costs attributable to this PRP was $280,824.65. EPA conducted response actions at the Site from 1985 to 1994. Contamination on the Anaconda property and in the groundwater was directly attributable to ARCO.
North Carolina - Court Enters Consent Decree for the Stallings Salvage Superfund Site: On January 24, 2007, the United States District Court for the Western District of North Carolina entered a Consent Decree pertaining to the Stallings Salvage Superfund Site in Monroe. Pursuant to this Consent Decree, Bill D. Stallings and Stallings Salvage, Incorporated, are agreeing to an ability-to-pay settlement of $150,000 plus interest over a four-year period to resolve their liability for past costs at the Site. Entry of this Consent Decree reflects the conclusion of EPA’s enforcement efforts at this Site. EPA performed a removal action at the Site in 2000. Until it was abandoned in 1994, the Site had been used for warehousing old building materials, oil-based paints, and adhesives.
Alabama - Access Warrant Signed for Anniston PCB Site: On January 17, 2007, the District Court for the Northern District of Alabama issued an Access Warrant to EPA 60 residential properties at the Anniston PCB Site where EPA and the Defendants have been unable to locate an owner or tenant from whom to seek access. The Access Warrant allows EPA, the State, Defendants, and their respective authorized representatives to undertake sampling and cleanup activities at the residential properties.
CERCLA 2006
Georgia - CERCLA 122(h)(1) Settlement Agreement for the General Electric Rome Site (Site) in Rome: On December 29, 2006, the 122(h)(1) settlement agreement (Docket Number: CER 04-2007-3756) with PRP, the General Electric Company (GE) became effective. EPA received Department of Justice approval on November 8, 2006, and executed the 122(h)(1) settlement agreement on November 13, 2006. The statutory 30-day public comment period for the settlement ended on December 22, 2006, but no comments were received. The settlement agreement requires a single payment of $750,000. As of November 30, 2006, total past response costs at the Site were approximately $1,570,200. EPA conducted response actions at the Site from 1999 to 2003 to address contamination by poly-chlorinated bi-phenols (PCBs) and other volatile and semi-volatile organic compounds. The contamination was directly attributable to GE, the sole owner and operator of the GE Rome facility from 1953 to 1997. GE used PCB compounds to manufacture transformers at the Site.
Mississippi – Department of Justice (DOJ) Lodges Consent Decree for the Recovery of Costs at the Industrial Pollution Control Superfund Site: On December 21, 2006, DOJ lodged a Consent Decree with the U.S. District Court for the Southern District of Mississippi that resolves the liability of Flowserve Corporation (Flowserve) under Section 107 of CERCLA for Past Response Costs at the Industrial Pollution Control Superfund Site (Site) located in Jackson. Pursuant to the Consent Decree, Flowserve agrees to pay EPA $50,000 in reimbursement of Past Response Costs at the Site. A 30-day public comment period on the proposed settlement will begin to run once notice of lodging of the Consent Decree is published in the Federal Register. If, upon completion of the public comment period, the United States continues to consent to the proposed settlement, it will move the Court for final approval of the Consent Decree.
Alabama - EPA Region 4 and R & B Investments, LLC, enter into Agreement for Release and Waiver of Lien under CERCLA Section 107(r) for Demolition of Site Structures at the American Brass, Incorporated, Superfund Site: On December 14, 2006, EPA Region 4 (EPA) and R & B Investments, LLC (RBI), entered into an Agreement for Release and Waiver of Lien under CERCLA Section 107(r) (“Agreement”). Under the terms of the Agreement, EPA agrees to release and waive a CERCLA Section 107(r) lien in exchange for RBI demolishing Site structures which EPA would otherwise have to remove. EPA conducted a Removal Action at the Site and has issued a Record of Decision for Remedial Action at the Site. RBI was interested in purchasing part of the Site property and offered to conduct the demolition, if EPA would not attach a lien to the Site property. After negotiations, the Agreement was reached. If RBI expends at least $130,000 in demolition costs, then RBI has satisfied the Agreement. If RBI expends less than $130,000 in demolition costs, then RBI shall pay EPA the difference between $130,000 and the actual demolition expenses incurred by RBI.
Mississippi - Region 4 Files Consent Agreement and Final Order (CAFO) with Koppers, Incorporated, to Resolve Alleged CERCLA 103(a) Notification Violation: On December 5, 2006, a CAFO was filed with the Regional Hearing Clerk to resolve an alleged violation of Section 103(a) of CERCLA. EPA alleged that the facility located in Grenada did not immediately notify the U.S. Nuclear Regulatory Commission of a release of RCRA F032 waste, a hazardous substance under Section 101(14) of CERCLA, and 40 Code of Federal Regulations Section 302.4. As agreed by the parties, the company will pay a penalty of $3,929 and will perform a supplemental environmental project involving the purchase and donation of equipment to a local fire department.
North Carolina - Parties Sign Agreement for Recovery of Response Costs at the New Hanover County Airport Burn Pit Superfund Site: On November 21, 2006, EPA finalized a CERCLA 122(h)(1) Agreement with Cape Fear Community College, the City of Wilmington, New Hanover County, and the U.S. Department of Defense regarding the New Hanover County Airport Burn Pit Site in Wilmington. Pursuant to this Agreement, the settling parties are agreeing to pay EPA’s oversight costs from February 10, 2005, forward, in connection with work performed under a 1994 Unilateral Administrative Order for Remedial Design and Remedial Action at the Site. Past costs are being satisfied via funds collected from a prior 122(h)(1) agreement with three separate parties.
Tennessee - Final Cost Recovery Settlement Finalized at the P&W Electric Superfund Site: On October 23, 2006, the 30-day public comment period required by Section 122(i) of CERCLA for the third and final cost recovery settlement at the P&W Electric Superfund Site expired. EPA did not receive any comments during the public comment period which would require modification of, or require EPA to withdraw from, the settlement agreement. As a result, the agreement will become effective upon issuance of notice that the public comment period has closed. Under the settlement agreement, Edwin Pigue, a former owner and operator of the Site, must pay EPA $25,000 in order to resolve EPA’s claims against him. Two generators, Benton Electric System and Huntsville Utilities, recently entered into settlement agreements with EPA, agreeing to pay a combined $35,000 in past response costs incurred at the Site. Because there are no other Potentially Responsible Parties to pursue for costs, this settlement is the conclusion of cost recovery efforts. The Site, a former transformer sale, repairs, and salvage yard located in Yorkville was cleaned up by EPA in 1998.
Georgia - Fifty-Six Parties Sign Administrative Settlement Agreement and Order on Consent for Remedial Investigation and Fesability Study (RIFS) at the Alternate Energy Resources, Incorporated, (AER) Site: On October 16, 2006, EPA reached an agreement with 56 parties to conduct an RIFS at the AER Site in Augusta. It operated as a hazardous waste storage and treatment facility from approximately 1975 to 2000, when it was abandoned. During its operational years, the Site processed fuels from waste oils, recycled solvents, and blended hazardous waste fuels. The Site was added to the NPL on April 19, 2006.
Tennessee - EPA and Oxy USA, Incorporated, sign Amendments to Two Administrative Orders on Consent (AOC) for Treatment of Contaminated Waters within the North Potato Creek Watershed at the Copper Basin Mining District Site: On October 2, 2006, EPA, Oxy USA, Incorporated, and Glenn Springs Holdings, Incorporated, signed two amendments to AOC as follows: 1) First Amendment To Administrative Order on Consent For Removal At The North Potato Creek Watershed; and 2) Third Amendment To Administrative Order on Consent At London Mill Wastewater Treatment Plant for the Copper Basin Mining District Site (the Site) located in Copperhill, Polk County, Tennessee. To continue the remedial response actions at the Site as cost effectively as possible, OXY USA and Glenn Springs Holdings (collectively “Oxy”) requested approval from EPA and the Tennessee Department of Environment and Conservation (TDEC) to divert the waters presently being treated at the London Mill Wastewater Treatment Plant (LMWWTP), to treat these waters elsewhere, and to shut down the LMWWTP. The water treated at LMWWTP could be treated elsewhere just as effectively and would save Oxy substantial monies that could be used to fund other response actions at the Site. The Amended AOCs allow Oxy to pump, via closed piping, the water from the former McPherson Mine and the former Isabella/Eureka Mine (i.e., the bulk of the waters presently being treated at the LMWWTP) into the Central Mine Shaft for treatment at the North Potato Creek Wastewater Treatment Plant. Also, upon TDEC approval pursuant to a TDEC Commissioner’s Order, Oxy may treat retention pond water by passive treatment and Oxy may relocate the discharge point for the treatment of overflow waters from the tailings pond for passive treatment. Additionally, the amended AOCs provide for perpetual treatment of contaminated water from the deep mines or until the water from the deep mines meet Tennessee Water Quality Criteria for surface water without treatment. Finally, after all waters previously treated at the LMWWTP are being adequately treated, Oxy may cease operation of the LMWWTP. Oxy must maintain the LMWWTP so that it remains operational in case of emergency.
South Carolina - EPA Region 4 Issues Special Notice Letter to Dixie-Narco, Incorporated, and Rheem Manufacturing Company regarding the Admiral Home Appliances Superfund Alternative Site: On September 29, 2006, EPA Region 4 issued Special Notice Letters to Dixie-Narco and Rheem requesting that they submit a good faith offer to perform the Remedial Design and Remedial Action at the Admiral Home Appliances Site in Williston. EPA issued a Record of Decision for the Site on September 28, 2006, outlining a remedy that includes excavation and off-site disposal of soils and sediments in a former equalization lagoon, Enhanced Reductive Dechlorination treatment for groundwater, and excavation and off-site disposal of sediments and hydric soils in a former wastewater treatment system discharge and wetland area. Dixie-Narco is a current and prior owner and operator of the Site, and Rheem is a prior owner and operator.
Alabama - Region 4 Signs a Settlement Agreement for Recovery of Past Costs for the Performance Advantage Superfund Site in Weogufka: On September 28, 2006, Region 4 signed an Agreement For Recovery of Past Costs with the W.E. Dunnam Family Trust (Trust) for response costs incurred by EPA at the Performance Advantage Superfund Site in Weogufka. The Site, a now-defunct waste oil reclaiming facility, operated from 1978 to the early 1990’s. The Trust, one of 3 potentially responsible parties (PRPs) for this Site, is the current owner of the Site. On February 22, 2005, EPA conducted a site investigation at the request of the Alabama Department of Environmental Management and discovered several tanks and drums which contained waste material. The tanks and drums were in poor condition. Based on a release or threatened release of hazardous substances at, or from the Site, EPA undertook a response action on March 29 and 30, 2005. The analytical results at the Site indicate the presence of the following hazardous constituents: Chromium, cadmium, lead, barium, methylene chloride, benzene, ethylbenzene, tetrachloroethene, and xylene. Future response actions at the Site will include sampling of soil, groundwater and surface water, disposal of contaminated soil and debris, and site restoration. Total past response costs at the Site are currently $52,626. Under the terms of the Agreement, the Trust will pay EPA $45,000.00 for past response costs. EPA is pursuing the other PRPs in this case for payment of the balance of the past response costs, and estimated future response costs of $450,000.00 to $500,000.00.
Georgia - EPA Signs 122(h) Agreement regarding the Constitution Road Drum Site: On September 28, 2006, EPA executed a 122(h) Agreement with CMAC Environmental Group, Inc. (CMAC) for the recovery of $100,000 towards past costs at the Constitution Road Drum Site in Atlanta. CMAC is one of the largest generators at the Site, but has a significant inability-to-pay, and is resolving its liability primarily through insurance proceeds. The Agreement will be forwarded to the Department of Justice for signature, and then will be subject to a 30-day public comment period.
Florida - Region 4 Signs Agreements for Removal Action with Waste Generators at the Jernigan Trucking Dump Site: On September 26, 2006, EPA signed 2 settlement agreements for removal actions with 3 potentially responsible parties (PRPs) who sent hazardous substances to the Jernigan Trucking Dump Site in Seffner. The PRPs have agreed to conduct sampling to determine the extent of contamination and to remove all soils, sediments, and debris contaminated above action levels. The PRPs will also pay all of EPA’s oversight costs. The Jernigan Trucking Dump Site is a former dairy farm and peat mining operation, encompassing 180 acres just north of Tampa. In the 1970s and 1980s, the Site was used as a dumping ground for utility slag, cement kiln dust, fly ash, auto fluff, and battery casing chips.
South Carolina - EPA Executes Time Critical Removal Order for Pon Pon Site: On September 25, 2006, EPA Region 4 executed an Administrative Order for a time critical removal at the Georgia Chemical Works, Pon Pon Site. Exxon Mobil is the responsible party at the Site. This Site is a part of the Virginia Carolina Chemical (VCC) initiative, which was formed to cooperate with Exxon Mobil in order to identify and address former phosphate fertilizer works that were operated by VCC. Exxon Mobil is the corporate successor to VCC, and is performing the work and reimbursing EPA's costs.
Florida - EPA and Potentially Responsible Parties (PRPs) Sign Amendments to Administrative Order on Consent (AOC) in St. Augustine Manufactured Gas Plant Case: On September 13, 2006, EPA, the City of St. Augustine, and the Atlanta Gas Light Company signed amendments to an AOC related to the St. Augustine Manufactured Gas Plant Site’s redevelopment plans. The redevelopment activities include construction of a marina, residential units, retail shops, a boutique hotel, a river walk, small parks, and an amphitheater. Since work-related changes to the AOC were necessary, the PRPs asked EPA to also incorporate new language now included in EPA’s AOC models to address concerns raised by the Aviall decision.
Georgia - Region 4 and Potentially Responsible Party (PRP) Sign Administrative Order on Consent (AOC) Modification in the Prestige Case: On September 11, 2006, Region 4 and Clayton Collision Company, Incorporated, signed an amendment to a de minimis AOC. The company agreed to pay $1,000 to reimburse EPA for response costs incurred at the Prestige Chemical Company Site. In the original AOC, the company had agreed to pay $10,000 in installments. Subsequently, the company’s financial position deteriorated significantly. Following a DOJ evaluation of updated financial information the company submitted, the parties agreed to the reduced payment.
Florida - EPA Signs De Minimis Administrative Order on Consent (AOC) for the Florida Petroleum Reprocessors Site: On August 30, 2006, Region 4 signed a de minimis AOC under Section 122(g)(4) of CERCLA between EPA and 4 de minimis parties. Notice was published in the Federal Register on September 8, 2006. At the end of the 30-day public comment period, EPA will issue a letter to the Respondents notifying them of the effective date of the AOC. The City of Ft. Lauderdale also is a signatory to the AOC. Pursuant to the AOC, the City of Ft. Lauderdale will receive 25 per cent of the total payments. EPA’s share of the total payments from the agreement will reimburse EPA for past costs at the Site. The Site is located in Davie and was a used oil recycling facility. Groundwater contamination was detected at the Site, in the form of chlorinated solvents that have migrated northward to the Peele-Dixie Wellfield. This contamination has impacted the Biscayne aquifer, which is designated by EPA as a sole source drinking water aquifer.
Kentucky - Region 4 Issues Unilateral Administrative Order (UAO) for the LWD Site: On August 17, 2006, Region 4 issued a UAO to Robert Kattula and K and B Capital relating to the LWD Site in Calvert City. The Site was operated as a landfill and hazardous waste incinerator from the 1950's through 2004. Currently, EPA is conducting an emergency response action at the Site, estimated to cost approximately $2.5 million. Numerous persons and businesses owned and/or operated the Site. Currently, Bluegrass Incineration Services owns the Site, and Glen O’Connell is acting as the current President. Although EPA issued a UAO to Bluegrass and O’Connell on May 11, 2006, these parties never responded and are currently in default. From January 2003 through at least 2005, K&B Capital and Robert Kattula owned and controlled all of the entities involved with the facility, and took actions that make them liable as “operators” of the Site under CERCLA. The UAO requires that Kattula and K and B continue the remainder of the time-critical removal that will be necessary upon EPA’s estimated completion of the emergency stabilization in October 2006.
Tennessee - Region 4 Assesses Stipulated Penalties Against the Potentially Responsible Parties (PRPs) at the Tennessee Products Superfund Site: On August 11, 2006, Region 4 assessed a stipulated penalty against the PRPs at the Tennessee Products Superfund Site. The penalty was for a violation of the water treatment provisions in the existing Consent Decree and associated Work Plan. Contractors at the Site were pumping rainwater contaminated with hazardous non-aqueous phase liquids out of an excavation area and putting them directly into a section of Chattanooga Creek that flows to the Tennessee River. The hose clearly bypassed all water treatment systems available at the Site. Under the terms of the Consent Decree, the stipulated penalty for this one-day Class I violation is $1,500.
Tennessee - Two Cost Recovery Settlements at the P&W Electric Superfund Site Finalized: On June 27, 2006, the 30-day public comment period required by Section 122(i) of CERCLA for two cost recovery settlements at the P&W Electric Superfund Site expired. Since EPA did not receive any comments during the public comment period which would require modification of or EPA withdrawal from the settlement agreements, the agreements have now become effective. Under the settlement agreements, Benton Electric System and Huntsville Utilities must pay EPA a combined $35,000 in past response costs plus interest. An estimated $437,000 in un-reimbursed costs remains at the Site and negotiations with the former owner/operator of the Site for the recovery of those costs are ongoing. The Site located in Yorkville, was cleaned up by EPA in 1998.
South Carolina - Region 4 Enters into a CERCLA 122(h)(1) Agreement for Recovery of Past Response Costs at the International Minerals and Chemicals Fertilizer Site: On June 21, 2006, Region 4 entered into a 122(h)(1) settlement agreement with Mosaic Company. Under the terms of the agreement, Mosaic Company will pay all of EPA’s past response costs for the International Minerals and Chemical Site (Site) located in Spartanburg. The past response costs for the Site are $284,281. Mosaic Company recently purchased Vigindustries, which was a wholly owned subsidiary of IMC Global, the owner/operator of the Site.
North Carolina - EPA Region 4 Reaches RI/FS Agreement with Tronox LLC regarding the Kerr-McGee Chemical Corporation Superfund Alternative Site: On June 20, 2006, Tronox LLC entered into a Settlement Agreement and Order on Consent for the performance of a Remedial Investigation and Feasibility Study with respect to the Kerr-McGee Site in Navassa. The Kerr-McGee Site operated as a wood treating plant from approximately 1936 to 1974. Creosote-related contaminants have been found in soil, ground water, and sediment at the Site.
South Carolina - CERCLA 122(h) Agreement Signed regarding the Henry Wood Preserving Superfund Site: On June 15, 2006, EPA signed a 122(h) Agreement for Recovery of Past Costs with Ann Rodgers T. Chandler, the current owner of the Henry Wood Preserving Superfund Site in Hemingway, South Carolina. Pursuant to this Agreement, EPA is collecting $2,500 to resolve Ms. Chandler’s liability for past response costs.
South Carolina - Region 4 Files Consent Agreement and Final Order (CAFO) with INVISTA S.a.r.l to Resolve Alleged Violations of CERCLA: On May 11, 2006, a CAFO was filedto resolve alleged violations of CERCLA Section 103(a) with INVISTA S.a.r.l., Lugoff. The violations were the result of Respondent's failure to immediately notify the National Response Center as soon as Respondent had knowledge of the release of biphenyl in an amount equal to or greater than its reportable quantity. To resolve this matter, the Respondent agreed to pay a penalty of $3,961 and complete a supplemental environmental project worth $14,864.
Florida - Department of Justice (DOJ) Files Complaint on Behalf of Region 4 to Recover Past Costs from Four Non-Settling Waste Generators at the Davis Refining Superfund Site: On May 3, 2006, DOJ filed a Complaint in the U.S. District Court for the Northern District of Florida against four waste generators at the Davis Refining Superfund Site. The four Defendants had elected not to join the cost recovery settlement agreement EPA reached with 79 other potentially responsible parties (PRPs) who sent hazardous substances to the Site. The Complaint seeks recovery of EPA's outstanding response costs along with penalties from one party for failure to respond to EPA's information request. The Davis Refining Site in Tallahassee was the location of a motor oil recycling and storage facility. Beginning in 1998, EPA removed 52 above-ground storage tanks, two underground storage tanks, and 1.5 miles of buried pipeline, 300 deteriorating drums, 400 labpaks, and tons of oil-stained soil from the Site. The settlement agreement addressed 63 per cent of the total Site costs, and EPA is pursuing uncollected Site costs through litigation against the remaining non-settling liable parties.
South Carolina - Department of Justice Files Motion to Enter RDRA Consent Decree in District Court of South Carolina Spartanburg Division in the Matter of Aqua-Tech Environmental Superfund Site, Greer, SC : On April 5, 2006, a Motion to Enter the Consent Decree was filed with the Court, settling the United States' claims against numerous defendants under Section 107 of CERCLA, in connection with the Aqua-Tech Environmental, Incorporated, (Groce Labs) Superfund Site near Greer. Under the terms of the consent decree, 77 private potentially responsible parties (PRPs) have agreed to pay EPA their portion of past response costs and all future response costs and implement the work as required by the consent decree. In addition, 66 Federal PRPs have agreed to pay their portion of past costs to EPA and have agreed to pay the private PRPs their proportionate share of future response costs. The U.S. Postal Service agreed to cash out its total liability. EPA agreed to forgive a percentage of past response costs attributable to orphan share, litigation risk, and other equitable factors. The proposed settlement is worth $6,665,274 and provides for a recovery of 88 per cent of the total project value. The settlement includes payment of EPA's remaining past costs and future costs (minus the orphan share) and the remedial project value. The remedial action is PRP lead with an estimated value of $4.7 million. EPA already has received $337,176 from a de minimis settlement with an additional $541,350 in premiums placed in a special account.
Georgia - Region 4 Executes Administrative Order on Consent (AOC) for Cost Recovery at the Baxley Complaint Site, in Baxley : On April 4, 2006, EPA Region 4 executed an AOC under Section 122(h)(1) of CERCLA to recover $75,000 at the Baxley Complaint Site, in Baxley. The site resulted from "midnight dumping" of waste creosote from the Baxley Creosoting and Osmose Woodpreserving facility, during a state ordered cleanup of the facility. The limited ability to pay of the parties resulted in a significant compromise in the settlement. EPA spent approximately $800,000 during the cleanup, and the Department of Justice approved the settlement.
South Carolina - Region 4 Executes Unilateral Administrative Order (UAO) For Access At Koppers Charleston Site: On March 30, 2006, EPA Region 4 executed a UAO for access naming John H. Squire as respondent. Squire owns property at the Koppers Charleston Site. This property is the location of the equipment used to collect and dispose of the non-aqueous phase liquids and waste water collected from a number of recovery wells at the Site. Squire had granted access to Beazer and EPA, but withdrew access in November 2005. Negotiations for access with Squire have failed. Squire is an owner and responsible party at the Site, but with Beazer performing the remedy, other owners at the Site were never noticed. A general notice letter, along with a 104(e) information request will be sent with the UAO. Squire purchased the property at a tax sale in 1987, and owns at least 20 other properties in Charleston.
Florida - Region 4 Releases CERCLA 107(l) Lien on the Sadler Drum Superfund Site: On March 29, 2006, EPA filed a Notice of Release of Federal Lien affecting the Sadler Drum Superfund Site in Mulberry. EPA released the lien upon receipt of payment of the proceeds from the sale of the site according to the terms of an earlier ability-to-pay agreement with the owners and operators. The site was sold to a neighboring business that is planning to expand. Sadler Drum was the location of an abandoned drum recycling facility from which Region 4 removed hundreds of leaking, bulging, and deteriorating drums containing such hazardous substances as benzoic acid, toluene, xylene, acetone, naphthalene, peroxides, chlorinated acids, base oxidizers, and flammable liquids.
Georgia - EPA Region 4 Issues General Notice Letters to 54 Parties regarding the Alternate Energy Resources, Incorporated Site in Augusta: On March 20, 2006, Region 4 issued General Notice Letters to 54 parties believed to be the top-volume generators at the Alternate Energy Resources, Incorporated (AER), Site in Augusta. The AER Site operated as a hazardous waste storage and treatment facility from approximately 1975 to 2000, when it was abandoned. During its operational years, the Site processed fuels from waste oils, recycled solvents, and blended hazardous waste fuels. The Site was proposed for listing on the National Priorities List on September 14, 2005.
Florida - Region 4 Finalizes a Global Ability to Pay Settlement with Solitron Devices, Incorporated: On February 24, 2006, Region 4 and Region 9 finalized a global ability-to-pay settlement with Solitron Devices, Incorporated (Solitron), for 5 Superfund sites where Solitron was named as a potentially responsible party. The electronics manufacturing firm was named as an owner/operator at 2 Florida National Priorities List (NPL) sites, and as a generator at 3 other NPL sites in Florida and California. Solitron's liability at these 5 sites is estimated to exceed $5 million. After 3 financial analyses, the settlement obligates Solitron to pay $74,000, plus a re-opener amount dependent on the solvency of the company for 7 years following the effective date of the Agreement. The entire settlement amount is designated to be placed in the special account of the only site covered by the settlement which is fund lead.
CERCLA 2005
Florida - Region 4 Signs Cash Out Agreement for Ability to Pay Party with Owners/Operators at the Sadler Drum Superfund Site: On November 29, 2005, Region 4 signed an ability-to-pay agreement with Hilton and Diane Sadler, the owners and operators at the Sadler Drum Superfund Site in Mulberry. The agreement became effective on January 23, 2006. The Site was an abandoned drum recycling facility from which Region 4 removed hundreds of leaking, bulging, and deteriorating drums containing hazardous substances such as benzoic acid, toluene, xylene, acetone, naphthalene, peroxides, chlorinated acids, base oxidizers, and ignitable liquids. Waste generators and a minor operator at the Site have already paid $623,655 toward reimbursing EPA's response costs. Hilton Sadler was the primary operator at the Site. He and his wife, Diane, are the owners of the Site. Because the Sadlers are elderly and Mr. Sadler is in poor health, the terms of the ability-to-pay agreement include a cash payment of $2,000 plus 100 per cent of the proceeds from the sale of the Site.
South Carolina - Region 4 Files Consent Agreement and Final Order (CAFO) with ABC Compounding to Resolve Alleged Violations of CERCLA and EPCRA: On November 1, 2005, a CAFO was filed, to resolve alleged violations of CERCLA Section 103 and EPCRA Section 304 with Georgia-Pacific Resins, Incorporated, in Russellville (Respondent). The violations were the result of a Respondent's failure to immediately notify the National Response Center, and the State Emergency Response Center (SERC) of the release of a reportable quantity of benzene and the failure to provide a written follow-up emergency notice to the SERC and the Local Emergency Planning Committee. Respondent agreed to pay a penalty of $2,641 for the CERCLA violation and $5,281 for the EPCRA violations. Additionally, Respondent agreed to perform a supplemental environmental project in the amount of $30,806 for the purchase and donation of emergency response equipment for local fire departments.
North Carolina - Region 4 Signs a Settlement Agreement for a Non-Time Critical Removal Action and Payment of Past Costs at the Northeast Chemical Superfund Site: On September 28, 2005, Region 4 signed an Administrative Settlement Agreement and Order on Consent (Settlement Agreement) with four potentially responsible parties (PRPs) for the performance and funding of a Non-Time Critical Removal Action at the Northeast Chemical Site (Site) located in Wilmington, New Hanover County. The Site is the location of a former fertilizer manufacturing facility. The PRPs include Koch Sulfur Products Company, LLC, (Koch), Estech, Inc., (Estech) and Norris and Carolyn Flowers. EPA conducted a Time Critical Removal Action on the Site from February 19, 2000, to August 10, 2000, based on soil samples which revealed the presence of inorganic constituents, including lead and arsenic, at elevated levels. On April 15, 2002, Koch and Estech entered into an Administrative Order On Consent (AOC) with EPA for an Engineering Evaluation and Cost Analysis (EE/CA) at the Site to characterize the extent of contamination at the Site and to address the site-related contamination. The Final EE/CA Report for this Site documented the continued presence of elevated levels of lead and arsenic which could potentially have adverse affects on human health and the environment. Based on the presence of the elevated levels of the contaminates, EPA notified the PRPs that a Non-Time Critical Removal Action at the Site would be necessary to protect public health, welfare, or the environment. The Settlement Agreement sets forth the work that the PRPs need to perform in order to complete the Non-Time Critical Removal Action. The cost of the Non-Time Critical Removal Action is estimated to be $3.4 Million. Under the terms of the Settlement Agreement, the PRPs have also agreed to reimburse EPA for approximately $864,353 which represents a recovery of 95 percent of EPA's past response costs for the Time Critical Removal Action.
South Carolina - Region 4 Executes an Administrative Order On Consent for a Time Critical Removal at the Starmet CMI Site in Barnwell, South Carolina: On September 23, 2005, Region 4 Executed an Administrative Order On Consent for a Time Critical Removal at the Starmet CMI Site in Barnwell, Barnwell County. The respondent is Alaron Nuclear Services. Alaron had shipped low level radioactive scrap metal removed from nuclear reactors to the Starmet facility to be melted and cast into a radioactive shielding material known as "RAM-LOC." Some of this material remained at the Site, after it was closed. Previous removals at this Site involved depleted uranium, while this removal involves scrap metal contaminated with trans-uranic elements.
Kentucky - Region 4 Files Consent Agreement and Final Order (CAFO) with ISP Chemicals, Incorporated (Respondent), to Resolve Alleged Violations of CERCLA and EPCRA: On August 26, 2005, Region 4 filed a CAFO to resolve alleged violations of CERCLA Section 103 and EPCRA Section 304 with the Respondent located in Calvert City. The violations were the result of Respondent's failure to immediately notify the National Response Center and the State Emergency Response Center of the release of a reportable quantity of benzene. Respondent agreed to pay a penalty of $2,641 for the CERCLA violation and $1,320 for the EPCRA violation. Additionally, Respondent agreed to perform a Supplemental Environmental Project in the amount of $90,500 for upgrades to the facility to avoid future releases.
North Carolina - Region 4 Signs a Settlement Agreement for a Time-critical Removal Action at the Ward Transformer Superfund Site: (Site Information)
On September 16, 2005, Region 4 signed an Administrative Settlement Agreement and Order on Consent (Settlement Agreement) with nine potentially responsible parties (PRPs) for the performance and funding of a time-critical removal action at the Ward Transformer Superfund Site (Site) located in Raleigh.The PRPs include owners and operators of the Site and companies that arranged for the disposal of polychlorinated biphenyls (PCBs) at the Site.The time-critical removal action is designed to address the risk of exposure to PCBs in soils and the ongoing release of PCBs into lakes and streams downstream from the Site.Under the Settlement Agreement, the PRPs have agreed to conduct and finance the time-critical removal action which consists of improving the on-Site storm water management and spill control system, removing contaminated soil, and disposing of electrical equipment containing PCB-contaminated soil, at an estimated cost of $5.4 million. Under the Settlement Agreement, the PRPs have also agreed to reimburse EPA for approximately $725,000 of EPA's past costs.
Press Release
Kentucky - Region 4 Files Federal Superfund Lien at Kentucky Tie and Timber Site: On August 31, 2005, EPA filed a Federal Lien on the Kentucky Tie and Timber Site in Mayfield, Graves County.The Site, an abandoned former wood treating facility, is contaminated with creosote. EPA performed a Removal Site Evaluation in March and April of 2005 and will complete a removal action by the end of 2005.Having incurred costs at the Site, EPA filed this "Superfund Lien" pursuant to CERCLA Section 107(l).
Georgia - Region 4 Signs Second Consent Decree (CD) in Woolfolk Cost Recovery Case: (Site information) On August 8, 2005, Region 4 signed a CERCLA Section 122(h) ability-to-pay CD, settling with three defendants in the Woolfolk Chemical Works, Incorporated, Superfund cost recovery case.The settlement also includes numerous other individuals or parties related to the three defendants.The settlors are suing their insurance company for failing to defend and indemnify them for damages related to the contamination at the Superfund Site.Their only assets are their potential recoveries in this insurance litigation.They have all agreed to turn over significant portions of any insurance recovery to the United States.Three other defendants in the case and a related party previously settled with the United States.
Florida - Remedial Design and Remedial Action (RD/RA) Consent Decree (CD) Lodged in the Florida Petroleum Reprocessors (FPR) Superfund Site: (Site Information) On July 28, 2005 the United States lodged the RD/RA CD in the U.S. District Court for the Southern District of Florida involving a settlement with roughly 60 parties belonging to the FPR Major Potentially Responsible Parties Group, several federal agencies, the Florida Department of Transportation, and the original Site owner and operator. These Settling Defendants will perform and fund the response action designated in the Site’s Records of Decision (ROD). Under the Consent Decree the settling defendants will collectively reimburse the United States for past response costs and pay future response costs. The ROD presents the selected remedial action for the Site involving the sources of the groundwater contamination through limited in-situ treatment and monitored natural attenuation. The most significant impact from this contamination is to the Biscayne aquifer which includes the Peele-Dixie Wellfield which supplies drinking water to most of Fort Lauderdale and many surrounding communities. The FPR facility is located at 3211 SW 50th Avenue in Davie, Florida. Waste oil recycling operations were conducted under various names at this location from 1977 to 1992. The releases from the FPR facility, and a second source area currently owned by the Florida Department of Transportation have contaminated the groundwater in an area over 800 acres in size.
Florida and South Carolina - Region 4 Reaches Settlement for $998,500 at the Helena Chemical Company Sites in Tampa, Florida, and Fairfax, South Carolina: (Florida site information) (South Carolina site information) On July 20, 2005, the U.S. District Court in South Carolina entered a Consent Decree (CD) for the Helena Chemical Company Superfund Sites in Tampa, Florida and in Fairfax, South Carolina. This CD requires the Helena Chemical Company (Helena) to pay $998,500 as reimbursement for past response costs, and to pay all future response costs, incurred by the U.S. at the Tampa and Fairfax Sites. Also, Helena agreed to pay future response costs for both Sites. Prior to this CD, EPA had no agreement as to future response costs at either Site. This was because Helena has been performing the Remedial Design/Remedial Action at both Sites pursuant to Unilateral Administrative Orders. The Fairfax site is the location of a former landfill, approximately four acres, which contained pesticide residues and other waste materials generated on-site. The Tampa site is a chemical plant for the production of sulfur, and formulation of pesticides, herbicides, fungicides, and fertilizers.
North Carolina - Record of Decision (ROD) Signed for Several Sites at Marine Corps Base Camp Lejeune: (Site information)
As of July 11, 2005, all parties have signed the ROD, selecting the remedy for four Sites on the Marine Corps Base Camp Lejeune. The selected remedy is supported by the previously completed Remedial Investigation, Feasibility Study and Baseline Risk Assessment Reports. The remedy includes land use controls, groundwater monitoring and natural attenuation, and other controls intended to restrict intrusive activities at these locations.
Florida - Three Settlement Agreements for Cost Recovery for the Forty-Third Street Bay Drum Superfund Site: (Site information) On June 6, 2005, the notice of the 30-day public comment period was published in the Federal Register for three 122(h)(1) Settlement Agreements from the following Potentially Responsible Parties (PRPs): Specialty Chemical ($14,000), Florida Department of Transportation ($15,000) and Cicconne-D-Amico, Inc. ($300,000 part of the payment will be from the proceeds of the sale of Site property). These settlements are in addition to an earlier settlement with a group of 29 PRPs that paid $2,353,375 (settlement amount of $2,346,065 and interest in the amount of $7,310). Upon payment of the above settlements, EPA will have collected $2,682,375.. Total Site costs are $3,285,094. The Orphan Share is $293,538. The Site was an abandoned drum cleaning operation in Tampa. EPA conducted a time-critical removal action to decontaminate and remove approximately 20,000 drums, some containing hazardous substances.
Florida - RD/RA Consent Decree Lodged in the Stauffer Chemical, Tarpon Springs, Florida Superfund Site: (Site information) On June 2, 2005 the United States lodged the RD/RA Consent Decree (CD) in the U.S. District Court for the Middle District of Florida involving a settlement with Stauffer Management Company LLC and Bayer Crop Science Incorporated. These Settling Defendants will perform and fund the response action designated in the Record of Decision (ROD) issued July 2, 1998, for the Stauffer Chemical Superfund Site, Tarpon Springs, Florida (the "Site"). Under the CD the Settling Defendants will reimburse the United States for past response costs and future response costs. As of November 9, 2004, EPA's unreimbursed past response costs totaled $282,609.77. The estimated cost of implementing the remedy is $20 million. The ROD presents the selected remedial action for Operable Unit 1 at the Site involving the source of the soil and groundwater contamination by treating and containing this radiologically and chemically contaminated material. The Stauffer Chemical Superfund Site is a former elemental phosphorus plant located on Anclote Road in Tarpon Springs, Pinellas County. The Site is near the Pinellas and Pasco County border, and lies along the Anclote River two miles upstream from the Gulf of Mexico . The town of Tarpon Springs is located approximately two miles southeast of the Site.The Site comprises an area of approximately 130 acres and includes the former phosphorous production facilities and office/administrative buildings. While operating, the plant used a system of 17 unlined waste ponds on the Site. Operations at the Site began in 1947. The plant produced elemental phosphorus using phosphate ore.Stauffer purchased the Site in 1960 and operated it until it shutdown operations in 1981.
North Carolina - DOJ files CERCLA 107(a) Complaint against Bill D. Stallings and Stallings Salvage, Incorporated: On May 3, 2005, the United States Department of Justice filed a CERCLA 107(a) action in the United States District Court for the Western District of North Carolina, against Bill D. Stallings and Stallings Salvage, Inorporated, to recover costs incurred at the Stallings Salvage Site in Monroe. From approximately 1984 to 1994, defendant Bill D. Stallings owned the Site, and Stallings Salvage, Incorporated operated the Site.The Site was used to store and mix various construction supplies, including paint, carpet adhesives, and related materials. In 1994, defendants abandoned the Site, leaving numerous containers of hazardous substances in the building. EPA's removal action consisted of demolishing the on-site building, removing the various containers from the building, identifying the container contents, and characterizing and disposing of the various waste streams.Total costs at the Site exceed $800,000.
Florida - Region 4 Signs Administrative Order on Consent (AOC) or Non-Time Critical Removal Action at the Jacksonville Ash Site in Jacksonville, Duval County, Florida: (Site information) On June 17, 2005, Region 4 signed an AOC for a Non-Time Critical Removal within the Jacksonville Ash Site. The Jacksonville Ash site is comprised of three facilities in Jacksonville, Duval County: the Forest Street Incinerator, the 5th & Cleveland Incinerator, and the Lonnie C. Miller, Sr. Park. This removal AOC addresses only a portion of the 5th and Cleveland property, which was the location of a city of Jacksonville municipal incinerator from the 1940's until the 1960's. The incinerator reportedly disposed of incinerator ash on site in several areas, including what is now Emmett Reed Park . This ash, which contains lead and arsenic, is visible in some areas of the site. A non-time critical removal will allow for the construction of the proposed Malivai Washington Tennis Facility.
Florida - EPA Region 4 and Meli Investments, LLC enter Agreement for Release and Waiver of Lien under CERCLA Section 107(r) for Completion of Removal Activities at the Moss Soap and Chemical Company Site, Miami, Dade County, Florida: On May 27, 2005, EPA Region 4 and Meli Investments, LLC (MILLC), entered into an Agreement for Release and Waiver of Lien (Agreement) under CERCLA Section 107(r). Under the terms of the Agreement, EPA agrees to release and waive a CERCLA Section 107(r) lien in exchange for MILLC completing a Removal Action begun by Region 4 at the Moss Soap and Chemical Company Site, Miami, Dade County. EPA had begun a Removal Action at the Site but had not yet completed it. MILLC was interested in purchasing the Site and offered to complete the Removal Action if EPA would not attach a lien to the Site property. After negotiations, which included participation by the Region 4 Regional Brownfields Expert, the Agreement was reached. In order to successfully fulfill the Agreement, MILLC will complete the Removal Action under Region 4 oversight and will reimburse EPA for its oversight costs up to a limit of $8,000.
Florida - Florida Petroleum Reprocessors Remedial Design and Remedial Action (RD/RA) Consent Decree Signed: The Florida Petroleum Reprocessors (FPR) Superfund Site is a small waste oil recovery facility that operated in Davie, Broward County, from 1978 to 1992. Releases from the FPR facility operations resulted in the contamination of an 800 acre area of groundwater which impacted the Peele-Dixie drinking water wellfield which serves as Fort Lauderdale's primary source of drinking water. On May 17, 2005, the Regional Administrator signed the CERCLA RD/RA Consent Decree involving the FPR Potentially Responsible Parties (PRP) Group, the Florida Department of Transportation, several Federal agencies, and Barry Paul. A similar RD/RA Consent Decree was reviewed and signed by the Regional Administrator on September 30, 2004. This settlement is being amended due to the addition of Barry Paul (and his related defunct companies) who was the principal owner/operator of the FPR Site. Shortly after the Regional Administrator signed the Consent Decree in September 2004, Mr. Paul agreed to pay $1million in settlement of his potential Site liabilities. Given the addition of the Barry Paul entities to this settlement, the United States will now collect $2,585,956 through this Consent Decree in addition to securing the performance of the remedy in the Record Of Decision by the FPR PRP Group.
Mississippi - Region 4 Files Superfund liens with the Bolivar County Clerk of Court: On May 13, 2005, two Superfund Section 107(l) liens were filed with the Bolivar County Clerk of Court, pertaining to the Shelby Die Casting Superfund Site in Shelby, Bolivar County. The Site is currently owned by the city of Shelby and the defunct Shelby Die Casting Corporation. Notices to Perfect Lien were sent to the city of Shelby, as well as Shelby Die Casting Corporation, and no objections were received.
Tennessee - U.S. District Court Enters Remedial Design and Remedial Action (RD/RA) Consent Decree for the Tennessee Products Superfund Site: On May 4, 2005, the U.S. District Court for the Southern District of Tennessee entered the Consent Decree EPA signed with MW Custom Papers, LLC, Reilly Industries, Incorporated Southern Wood Piedmont Company, and the U.S. General Services Administration. The private Potentially Responsible Parties (PRPs) have agreed to conduct the remedy, valued at $13,148,485, and to pay $2,793,912 toward reimbursing EPA's past response costs. The Federal PRP has agreed to cash out its liability for $17.4 million of which $6,519,128 will be applied toward reimbursement of EPA's past response costs. The PRPs contributed to the contamination of a 2½ mile stretch of Chattanooga Creek in Hamilton County. The sediments in the bed and banks of the creek are contaminated with coal tar constituents and other PAHs that were dumped in the creek over five decades, most likely in the form of tar decanter flushing liquor. Agency for Toxic Substance and Disease Registry deemed the sticky, tarry sediments to be a contact hazard for humans, so the essence of the remedy is to remove approximately 81,500 cubic yards of contaminated sediments from the creek. Most of EPA's past costs were related to a fund-led, non-time-critical removal action in the portion of the creek that was most accessible to the public.
Region 4 Update on Brownfields and Revitalization Matters: The Region 4 Prospective Purchaser Inquiry (PPI) Response Team memorandum was signed and became effective April 20, 2005. The PPI Response Team memo sets forth standard operating procedures for facilitating prospective purchaser inquiries received from the public concerning sites of federal interest. The purpose of the PPI Response Team is to offer fast, accurate, and comprehensive information so that the prospective purchaser can make a timely business decision on whether to purchase the site or not. Region 4 has identified four issues as critical to a successful redevelopment: (1) status of site and future anticipated actions, (2) compatibility of proposed redevelopment with EPA cleanup and institutional controls, (3) liability protection, and (4) resolution of any lien issues. To date, Region 4 has participated in approximately 25 PPI Response Team conference calls or meetings and the response from the public has been overwhelming.
Georgia - Court Enters Consent Decree in Woolfolk Chemical Company Superfund Site Cost Recovery Action: (Site information) On April 8, 2005, the U.S. District Court for the Middle District of Georgia entered a Consent Decree signed by the United States, Canadyne-Georgia Corporation (CGC), Canadyne Corporation, Reichold Limited, Incorporated (Inc.), and Reichold, Inc. Pursuant to this CERCLA Section 122(h) ability-to-pay cashout agreement, EPA will recover $5 million in four equal payments over a three-year period, of the costs it has incurred in connection with its response actions at the Woolfolk Chemical Company Superfund Site, located in Fort Valley, Georgia. The agreement also resolves a counterclaim CGC filed in response to EPA's cost recovery action, a pending CERCLA Section 106(b) petition CGC filed against Region 4, and CGC's pending Freedom of Information Act Appeal. All payments will be deposited into a Special Account for use in funding ongoing remediation activities at the Site.
Kentucky - Region 4 Enters into a Consent Agreement and Final Order (CAFO) with Barton Brands, Limited, to Resolve Emergency Planning and Community Right-to-Know Act (EPCRA) Violations: On April 5, 2004, Region 4 and Respondent, Barton Brands, Limited, (Barton Brands) entered into a CAFO to settle violations of Section 103(a) the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Section 304(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (EPCRA). According to the agreement Barton Brands will pay a penalty of $1,320, and will also expend $11,680 to implement a Supplemental Environmental Project (SEP). The SEP involves the installation of high level switches and emergency shut-off valves for two tanks to prevent them from overflowing. The violations resulted from a release of 21,575 pounds of ethyl alcohol December 14, 2004, at Barton Brands' facility in Owensboro. Since there was a release of a hazardous substance in an amount that exceeded the reportable quantity (RQ) of 10,000 pounds, Barton Brands was required to: (1) Pursuant to Section 103(a) of CERCLA, immediately notify the National Response Center (NRC) as soon as they had knowledge of the release of the ethyl alcohol in an amount equal to or greater than its RQ; and (2) Pursuant to Section 304(a) of EPCRA, immediately notify the Georgia Emergency Response Commission (GERC) and the Local Emergency Planning Committee (LEPC). The release occurred at approximately 9:30 a.m. and Barton Brands notified the NRC at 4:14 pm (approximately 6 hours later). The GERC and the LEPC were also notified late.
District Court Grants Government's Motion for Entry of Five Partial Consent Decrees Over Defendant's Objection in the U.S. v. American Cyanamid (Stoller) Case: On March 17, 2005, the Court granted the Government's Motion for Entry of five partial Consent Decrees encompassing settlements with nine Defendants at the Stoller/Pelham Site. These Consent Decrees had been pending before the District Court for more than a year. The Court considered extended briefing on the issue of the fairness of one of the Decrees raised by a Defendant in a Motion for Opposition of Entry.
Georgia - United States District Court of the North District of Georgia grants United States default motion in the Prestige Chemical Superfund Case: On March 14, 2005, Judge Charles A. Moye, Jr. granted the United States motion for default in a cost recovery action against Deryl Parker and Berry Enterprises. Parker, the owner and operator of the Prestige Chemical Company, collected paint-related wastes from Atlanta-area auto body and paint shops, including Berry Enterprises. He stored the wastes in a warehouse he rented in Senoia. In response to the Georgia's Environmental Protection Department (EPD) request for assistance, EPA conducted an emergency response at the Site where the warehouse is located, removing more than 2,300 containers of hazardous wastes, contaminants, and pollutants. The Agency has incurred more than $1.6 million in costs related to the removal and subsequent litigation. Berry failed to respond to numerous Information Requests and both defendants failed to answer complaints the Department of Justice filed against them on EPA's behalf. The judge ordered Parker to pay the United States $1,691,439 and Berry Enterprises to pay $1,605,302. Because Berry received a written demand letter after Parker received his, the judge adjusted the judgment against Berry to reflect less prejudgment interest
Georgia - Region 4 Files Consent Agreement and Final Order (CAFO) with MFG Chemical, Incorporated to Resolve Alleged Violations of the Emergency Planning and Community Right to Know Act (EPCRA) and Comprehensive Environmental Response Compensation and Liability Act (CERCLA): On February 8, 2005, EPA Region 4 filed a CAFO with MFG Chemical to resolve alleged violations of Section 304(a) of EPCRA, 42 United States Code Section 11004(a), and 103(a) of CERCLA, 42 United States Code Section 9603(a), for failure to notify the National Response Center and State and Local Emergency Response Commissions following a release of anhydrous ammonia at its facility in Dalton. Under the terms of the settlement agreement, MFG Chemical agreed to pay a penalty of $48,750 for the alleged violations.
Florida Region 4 - Signs Cashout Agreement for Ability to Pay Party with One of the Operators at the Sadler Drum Superfund Site: On February 2, 2005, EPA signed an ability-to-pay agreement with Mr. Leroy Helms, a minor operator at the Sadler Drum Superfund Site in Mulberry, Polk County. The Site is an abandoned drum recycling facility from which Region 4 removed hundreds of leaking, bulging, and deteriorating drums containing such hazardous substances such as benzoic acid, toluene, xylene, acetone, naphthalene, peroxides, chlorinated acids, base oxidizers, and ignitable liquids. Although he was not the primary operator at the Site, Mr. Helms did run his own drum refurbishing business from a corner of the Site for a couple of years. When Mr. Helms' partnership with the owner of the Site soured, Helms left behind approximately 100 drums containing hazardous wastes, including ignitable liquids. Mr. Helms' advanced age and fixed income led EPA to seek $3,000 from Helms as reimbursement for EPA's removal response costs. Waste generators at the Site have already paid $620,654 toward those response costs. Settlement negotiations with the owners of the Site and the primary operator are ongoing.
CWA 2007
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Kentucky - Septic Waste Hauler Pleads Guilty to CWA Violation: On November 13, 2007, in the U.S. District Court for the Eastern District of Kentucky, David L. Bowling and his company, Dave's Concrete Products and Septic Tank Service, Incorporated, pled guilty to a felony violation of CWA, 33 United States Code Section 1319(c)(2), for knowingly 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. Sentencing is set for February 26, 2008.
Tennessee - Water Treatment Plant Operator Enters Guilty Plea: On November 8, 2007, Paul W. Perkins, the operator of the Rockwood, Tennessee, Waste Water Treatment Plant, entered a guilty plea in the U.S. District Court for the Eastern District of Tennessee to an Information charging him with submitting a false Discharge Monitoring Report to the Tennessee Department of Environment and Conservation, in violation CWA, 33 United States Code Section 1319(c)(4). Perkins will be sentenced in February 2008.
North Carolina - Company President Pleads Guilty in CWA Case: On October 11, 2007, in the Western District of North Carolina, Ralph Rogers, the owner and president of Ecosolve, pled guilty to one count of conspiracy to violate CWA. Ecosolve operates a fleet of vacuum trucks that removes, transports, and disposes of grease trap waste from restaurants. Indicted in April 2007, Rogers acknowledged that the company illegally disposed of grease trap waste into the sewer systems of Charlotte and surrounding communities. He agreed to serve 12 months home confinement, publish a public apology, and pay a fine to be determined by the court.
Kentucky - Region 4 Files Consent Agreement and Final Order (CAFO) with BP Pipelines (North America), Incorporated, to Resolve CWA Section 311 Violation: On September 25, 2007, Region 4 filed a Class II CAFO with BP, regarding a violation of Section 311(b)(3) of CWA, 33 United States Code Section 1321(b)(3), in Allegre. The violation involved a spill of 10,500 gallons of Xylol (a mixture of xylenes and ethylbenzene) into navigable waters from a BP interstate pipeline running through Allegre. The spill occurred on November 23, 2005. Pursuant to this CAFO, BP has agreed to pay a penalty of $80,133.
Georgia – Region 4 Files Consent Agreement and Final Order (CAFO) and Consent Agreement and Compliance Order (CACO) with Paulding Properties, Incorporated, Resolving Alleged Violations of CWA Section 404: On September 17, 2007, Region 4 filed a CAFO with Paulding Properties, Incorporated, of Dallas, resolving alleged violations of CWA Section 404, resulting from the dredging and filling of wetlands associated with residential construction activities. The site at issue is the Happy Valley development located just west of Atlanta. As part of the settlement agreement, Paulding Properties agreed to pay a penalty of $18,000. In addition to the CAFO, on August 21, 2007, Paulding Properties entered into a CACO with Region 4 to perform substantial mitigation to remedy the dredging and filling of approximately 1.39 acres of jurisdictional wetlands and approximately 3,909 linear feet of a tributary of Lane Creek. As part of the CACO, Paulding Properties agreed to perform substantial restoration work including onsite stream restoration, erosion control, and replanting of vegetation. Paulding Properties also agreed to purchase 9,019 stream credits and 7.8 wetlands credits for direct impacts; and 5,000 stream credits for indirect impacts. These obligations must be performed within 180 days.
Alabama - Region 4 Enters into Consent Agreement and Final Order (CAFO) with Lindsey Estates, Settling Storm Water Violations: On September 4, 2007, a CAFO was approved by the Regional Judicial Officer which simultaneously commenced and concluded an enforcement action for violations of CWA Sections 301 and 402 at the Lindsey Estates construction site in Greenwood. The violations alleged that there are poorly maintained and missing storm water controls, inadequate site stabilization, and sediment discharges into waters of the U.S. The company is required to pay a civil penalty of $10,000. This enforcement action resulted from an inspection by EPA on February 7, 2007.
Kentucky - Region 4 Enters into Consent Agreement and Final Order (CAFO) with Faulkner Real Estate Corporation and Forest Green – Land, LLC in Settling Storm Water Violations: On August 20, 2007, a CAFO was approved by the Regional Judicial Officer which simultaneously commenced and concluded an enforcement action for violations of Sections 301 and 402 of the Clean Water Act at the Lot 1 Forest Green construction site in Louisville. The alleged violations included failure to obtain a National Pollutant Discharge Elimination System permit and sediment discharges into waters of the U.S. The companies are required to pay a civil penalty of $48,000. This enforcement action resulted from an inspection by EPA on October 25, 2006.
Kentucky - Region 4 Enters into Consent Agreement and Final Order (CAF0) with Nexus Construction, Settling Storm Water Violations: On August 20, 2007, a CAFO was approved by the Regional Judicial Officer which simultaneously commenced and concluded an enforcement action for violations of Sections 301 and 402 of the CWA at the Legends at Steeplechase construction site in Richwood. The violations alleged were for poorly maintained and missing storm water controls, inadequate site stabilization, lack of inspections, and sediment discharges into waters of the U.S. The company is required to pay a penalty of $16,000. This enforcement action resulted from an inspection by EPA on May 25, 2006.
North Carolina - Region 4 Enters into Consent Agreement and Final Order (CAFO) with Gandy Communities, Incorporated, in Settling Storm Water Violations: On August 20, 2007, a CAFO was approved by the Regional Judicial Officer which simultaneously commenced and concluded an enforcement action for violations of Sections 301 and 402 of the CWA at the Villages at Parkside construction site in Gastonia. The violations alleged were for poorly maintained and missing storm water controls, inadequate site stabilization and sediment discharges into waters of the U.S. The company is required to pay a penalty of $25,000. This enforcement action resulted from an inspection by EPA on April 6, 2006.
Georgia - EPA Region 4 enters into Consent Agreement and Final Order (CAFO) with Donald Evans, Bob Evans, Kevin Evans, and Evans Construction Company for CWA Violations: On July 26, 2007, Region 4 entered into a CAFO with the above-listed Respondents, resolving penalty claims for violations of Section 301 and 404 of the CWA. The violations addressed in the CAFO arose in the aftermath of an earlier Section 404 enforcement action relating to wetlands along the Oosanaula River in Rome, which was settled by EPA in 2000 with a Compliance Order on Consent. Under the prior settlement, the Respondents agreed to complete partial site restoration, obtain an after-the-fact permit from the U.S. Army Corps of Engineers (COE) for discharges remaining in place, and implement a plan to mitigate for the impacts to the wetlands. The COE did issue the after-the-fact permit and that permit included as a condition an obligation to implement the Wetland Mitigation Plan developed as part of the settlement. However, the Respondents failed to implement the mitigation plan, thus violating its Section 404 permit, and the COE referred that violation to EPA for further enforcement. The CAFO requires Respondents to pay a penalty of $157,500 for failing to comply with the Section 404 permit.
South Carolina - Region 4 Files Consent Agreement and Final Order (CAFO) with Spinx Transportation, Incorporated, (Respondent) to Resolve CWA Violations, as amended by the Oil Pollution Act of 1990 (OPA): On July 24, 2007, EPA Region 4 filed a Class 2 Administrative CAFO with the Respondent. On May 24, 2002, the Respondent had a release of oil from one of its tanker trucks involved in a single vehicle accident that discharged approximately 6258 gallons of oil into Fairforest Creek, a navigable water, causing a sheen on the Creek and its adjoining shorelines. Pursuant to the CAFO, the Respondent agreed to pay a penalty of $27,000 for the violation.
South Carolina - Consent Decree for Remedial Design and Remedial Action Lodged Regarding the Admiral Home Appliances Superfund Alternative Site in Williston: On July 16, 2007, the U.S. Department of Justice, on behalf of EPA, filed a Notice of Lodging of Consent Decree in the U.S. District Court for the District of South Carolina, pertaining to the Admiral Home Appliances Superfund Alternative Site in Williston. Under the terms of the Consent Decree, Dixie-Narco, Incorporated, Maytag Corporation, and Rheem Manufacturing Company are agreeing to fund and implement the remedy selected in EPA’s Record of Decision, issued on September 28, 2006. The proposed remedy includes excavation and off-site disposal of soils and sediments in a former equalization lagoon, Enhanced Reductive Dechlorination for groundwater, and excavation and off-site disposal of sediments and hydric soils in a former wastewater treatment system discharge wetland area. The remedy is expected to cost over $5.4 million.
Georgia - EPA Region 4 enters into Consent Agreement and Final Order (CAFO) with Sanders Square, LLC (Sanders Square): On July 13, 2007, EPA filed the executed CAFO with the Regional Hearing Clerk, to settle violations of Section 301 of the CWA at the Sanders Square residential construction site in Cumming. The CAFO requires the payment of a penalty of $16,000. Region 4 filed a Complaint against Sanders Square on September 20, 2006, for violations of its NPDES permit for storm water discharges associated with construction activity. Numerous violations of the permit were observed during an inspection conducted by EPA, Georgia and County officials. These violations resulted in site erosion and sedimentation of a creek.
Georgia - EPA Region 4 enters into Consent Agreement and Final Order (CAFO) with Sanders Square, LLC: On July 13, 2007, EPA filed the executed CAFO with the Regional Hearing Clerk, to settle violations of Section 301 of the CWA at the residential construction site in Cumming. The CAFO requires the payment of a penalty of $16,000. Region 4 filed a Complaint against Sanders Square, LLC (Sanders Square) on September 20, 2006, for violations of Sanders Square’s National Pollutant Discharge Elimination System permit for storm water discharges associated with construction activity. Numerous violations of the permit were observed during an inspection conducted by EPA, Georgia and County officials, and the violations were resulting in site erosion and sedimentation of a creek. The violations had continued for many months as they had been documented by earlier county inspections and Notices of Violation.
Georgia - Acuity Specialty Products Group Pleads Guilty to Felony Violation of CWA: On June 29, 2007, Acuity Specialty Products, a chemical blending facility located in Atlanta, pled guilty to a felony violation of the CWA. Acuity Specialty Products, formerly known as Zep Manufacturing, pled guilty to knowingly violating the requirements of an approved pretreatment program by falsifying flow, pH, and phosphorus data; tampering with compliance samples; diluting its wastewater flow; backdating chain of custody forms; “holding in” its wastewater during inspections conducted by the City of Atlanta; and failing to report spills in violation of its pretreatment permit. Pursuant to a plea agreement, Acuity will pay a criminal fine of $3.8 million dollars, which is the largest criminal fine ever assessed in the Northern District of Georgia.
Kentucky - Region 4 Files Consent Agreement and Final Order (CAFO) with Crittenden County Coal, Incorporated, to Resolve Alleged Violations of Section 404 of the Clean Water Act (CWA): On June 19, 2007, a CAFO was filed to resolve alleged violations of the CWA Section 404. The alleged violation was discharging dredged and/or fill material into a perennial stream without a CWA Section 404 permit. The Respondent impacted approximately 2,280 linear feet of an unnamed tributary to Caney Branch that is approximately 2.5 miles from the Tradewater River, a navigable-in-fact water of the United States. The Tradewater River enters the Ohio River, a navigable-in-fact water of the United States, approximately 3.5 miles downstream of its intersection with Caney Branch. To resolve this matter, Respondent has agreed to pay a civil penalty of $100,000 to the U.S. Treasury.
Alabama - Region 4 Files an Administrative Complaint Against Heritage Partners, LLC, for Storm Water Violations: On June 19, 2007, Region 4 filed an Administrative Complaint and Notice of Proposed Penalty Assessment against Heritage Partners, LLC, for violations of Sections 301 and 402 of the CWA at its Heritage Park Phase 2 construction site located in McCalla. The violations alleged were for conducting construction activities beyond the authorized scope of the permit, poorly maintained and missing storm water controls, inadequate site stabilization, lack of inspections, and sediment discharges into waters of the United States. Region 4 is seeking up to $32,500 for the violations. This enforcement action resulted from an inspection by EPA on March 16, 2006.
North Carolina - Region 4 Enters into Consent Agreement and Final Order (CAFO) with Wake County Board of Education, Settling Storm Water Violations: On May 30, 2007, a CAFO was approved by the Regional Judicial Officer which simultaneously commenced and concluded an enforcement action for violations of Section 301 and 402 of the Clean Water Act. The violations alleged were for inadequate stormwater pollution prevention plans, bypassed and poorly maintained storm water controls, inadequate site stabilization, and sediment discharges into waters of the United States. The entity is required to pay a penalty of $8,000. This enforcement action resulted from an inspection by EPA on September 27, 2006.
Kentucky - Region 4 Enters into Consent Agreement and Final Order (CAFO) with Baton Rouge Land Company, LLC, in Kentucky, Settling Storm Water Violations: On May 30, 2007, a CAFO was approved by the Regional Administrator which simultaneously commenced and concluded an enforcement action for violations of Sections 301 and 402 of the Clean Water Act at the Thoroughbred Run Subdivision construction site in Williamstown. The violations alleged were for poorly maintained and missing storm water controls, inadequate site stabilization, lack of inspections, and sediment discharges into waters of the United States. The company is required to pay a penalty of $35,000. This enforcement action resulted from an inspection by EPA on May 24, 2006.
Kentucky - Region 4 Enters into Consent Agreement and Final Order (CAFO) with Walton Land Development, LLC, Settling Storm Water Violations: On May 30, 2007, a CAFO was approved by the Regional Judicial Officer which simultaneously commenced and concluded an enforcement action for violations of Sections 301 and 402 of the Clean Water Act at the Walton Towne Center construction site in Williamstown. The violations alleged were for inadequate stormwater pollution prevention plans, poorly maintained and missing storm water controls, inadequate site stabilization, lack of inspections, and sediment discharges into waters of the United States. The company is required to pay a penalty of $25,000. This enforcement action resulted from an inspection by EPA on May 24, 2006.
North Carolina - Region 4 Enters into Consent Agreement and Final Order (CAFO) with S and S Land Development, LLC, Settling Storm Water Violations: On May 22, 2007, a CAFO was approved by the Regional Judicial Officer which simultaneously commenced and concluded an enforcement action for violations of Section 301 and 402 of the CWA. The violations alleged were for inadequate stormwater pollution prevention plans, poorly maintained storm water controls, inadequate site stabilization, and sediment discharges into waters of the United States. The company is required to pay a penalty of $10,000. This enforcement action resulted from an inspection by EPA on September 28, 2006.
North Carolina - Parties Indicted in Pretreatment Case: On April 25, 2007, in the Western District of North Carolina, a grand jury returned a 10 count indictment against Ecosolve, LLC; the company’s owner and president, Ralph Rogers, and operations manager, Thomas Forebush. This was in connection with the illegal pumping and disposal of grease traps into the sewer systems of Charlotte and surrounding communities. Charges include felony violations of the Clean Water Act, conspiracy, wire fraud, and false statements. Ecosolve operates a fleet of vacuum trucks that removes, transports, and disposes of grease trap waste from restaurants.
Tennessee - Municipal Wastewater Plant Operator and Municipal Utilities Official Sentenced: On April 20, 2007, Michael Holden and Larry Holden were sentenced in the U.S. District Court for the Middle District of Tennessee for violating the False Statements Act, 18 United States Code (U.S.C.) Section 1001. The defendants had been previously convicted of causing the submission of numerous false Discharge Monitoring Reports and Monthly Operating Reports to the State of Tennessee between 2001 and 2004. Michael Holden was also convicted of obstructing justice in violation of the Sarbanes-Oxley Act, 18 U.S.Code Section 1519, for instructing someone to fill in numerous blank “bench sheets” with fictitious data, in an effort to impede the investigation. Michael Holden was the certified operator of the Mt. Pleasant municipal sewage treatment plant. Larry Holden, his father, was the city’s superintendent of public works. Michael Holden was sentenced to serve 32 months of incarceration, followed by 24 months of supervised release. Larry Holden was sentenced to serve 24 months of incarceration, followed by 24 months of supervised release. Both defendants will serve the first 9 months of their supervised release in a halfway house. No fines were imposed.
Kentucky - District Court Enters Consent Decree in U.S. versus Sanitation District Number 1 of Northern Kentucky: On April 18, 2007, the U.S. District Court for the Eastern District of Kentucky issued an order entering the Consent Decree which resolves claims that Sanitation District Number 1 (SD#1) violated the CWA by illegally discharging millions of gallons of untreated municipal wastewater through sanitary sewer overflows, combined sewer overflows, and other unpermitted discharges. The Consent Decree was lodged in October of 2005. The lodging was followed by a motion to intervene in the proceedings filed by a local petitioner. Intervention was granted and a series of hearings and briefings followed. As the Court noted in its order, the principal objections of the intervenor to the consent decree were the prioritization of projects in outlying areas as opposed to the inner city; the length of time to fully implement the decree; the lack of specificity of corrective measures; and alleged insufficient public input. In ruling that the consent decree is in the public interest and granting the motions to enter, the Court noted that the fact that it retains jurisdiction to effectuate and enforce the decree enables the Court to assure public input and that the decree is carried out in good faith.
Kentucky - Consent Decree Entered Settling Region 4 Clean Water Act Case Against Winchester Municipal Utilities (WMU) and the City of Winchester (City) : On April 10, 2007, the District Court for the Eastern District of Kentucky entered a consent decree settling violations of Section 301 of the CWA by WMU and the City. The Commonwealth of Kentucky joined the United States as a plaintiff in the action. The violations resolved in the settlement included unauthorized sanitary sewer overflows (SSOs) into waters of the United States from WMU’s and the City’s sanitary sewer system and unauthorized bypasses from treatment of significant volumes of raw sewage from a constructed bypass location at the wastewater treatment plant. The consent decree will fully resolve the CWA claims against the City and WMU. It will require injunctive relief to eliminate all SSOs and ensure future compliance with the CWA and the National Pollutant Discharge Elimination System (NPDES) permit at an estimated cost of $79 million. The relief would eliminate all unauthorized discharge points in the sewer system and the bypass at the treatment plant. The consent decree also requires WMU and the City to pay to the United Sates a civil penalty of $75,000. WMU and the City will also perform a supplemental environmental project (SEP) at a cost of $230,000. The SEP will require the defendants to capture and treat the “first flush,” or the initial flow from a storm event in Town Branch by designing, constructing, and maintaining one or more end-of-pipe structural best management practices (BMPs). The BMPs may include sedimentation, floatation, infiltration, adsorption, biological uptake, biological conversion and/or degradation. The City is located approximately 20 miles east of Lexington and has a population of approximately 16,000. The City's wastewater infrastructure is managed by WMU, which is responsible for the daily operation and maintenance of a 4 million gallon-per-day wastewater treatment plant, about 144 miles of sewer lines, 17 pump stations, and other sewer related facilities. The Commonwealth of Kentucky issued to the City and WMU an NPDES permit which authorizes discharges to Strodes Creek, which is on Kentucky's Section 303(d) list of impaired waters for nutrients, siltation, organic enrichment and low dissolved oxygen, and pathogens. The City and WMU discharge treated, partially treated, and untreated sewage into Strodes Creek totaling 7,055,505 gallons per year of SSOs and 161,390,800 gallons per year of unauthorized bypasses at the treatment plant. These discharges are a cause of the identified impairment.
Kentucky, - Region 4 Enters into Consent Agreement and Final Order (CAFO) with Ball Homes, LLC, in Settling Storm Water Violations: On April 10, 2007, a CAFO was approved by the Regional Administrator which simultaneously commenced and concluded an enforcement action for violations of Section 301 and 402 of the CWA. The violations alleged were for the failure to minimize or prevent sediment discharges into waters of the United States, failure to install and maintain storm water controls, and failure to conduct inspections at Respondent’s Gess Properties Parcels 4 and 5 construction site in Lexington. The company is required to pay a penalty of $40,000. This enforcement action resulted from an inspection by EPA on April 20, 2006.
Alabama - Region 4 Enters into Consent Agreement and Final Order (CAFO) with D.R. Horton, Incorporated, Settling Storm Water Violations: On March 27, 2007, a CAFO was approved by the Regional Judicial Officer which simultaneously commenced and concluded an enforcement action for violations of Section 301 and 402 of the CWA. The violations alleged were for inadequate inspection reports, poorly maintained and missing storm water controls, inadequate site stabilization, and sediment discharges into waters of the United States. The company is required to pay a penalty of $15,000 and perform a Supplemental Environmental Project (SEP) valued at $22,500. The SEP is a stream restoration project, part of the Five Mile Creek Greenway Partnership in Fultondale. This enforcement action resulted from an inspection by EPA on March 14, 2006.
North Carolina - Transportation Officials Sentenced: On March 20, 2007, a United States District Court Judge in Raleigh sentenced Jerry Gaskill, former Director of the Ferry Division of the North Carolina Department of Transportation, and Bill Moore, former director of Field Maintenance for the Ferry Division, to 6 months home confinement, three years probation, and a $5,000 fine. Moore’s sentence was for violating the CWA and the Rivers and Harbors Act in connection with the unpermitted dredging in May 2004 of a channel in Currituck Sound. Gaskill’s sentence resulted from his conviction for conspiracy and making false statements to federal investigators in connection with the dredging incident.
Tennessee - Water Treatment Plant Operator Sentenced for Making False Statements: On March 19, 2007, Wayne Price was sentenced in the U.S. District Court for the Eastern District of Tennessee to one year of probation and 50 hours of community service. Price had previously pled guilty to making false statements in discharge monitoring reports required under the CWA, in violation of 33 United States Code Section 1319(c)(4). Price operates the City of Decatur’s Waste Water Treatment Plant.
North Carolina - Region 4 Enters into Consent Agreement and Final Order (CAFO) with City of Durham Settling CWA Violations: On March 1, 2007, a CAFO was approved by the Regional Judicial Officer which simultaneously commenced and concluded an enforcement action for violations of Section 301 and 402 of the CWA. The violations alleged were for incomplete implementation of several programs required by Respondent’s permit for the operation of Respondent’s Municipal Separate Storm Sewer System. The company is required to pay a penalty of $5,000.
Kentucky - District Court Hears Oral Argument on Jurisdiction in United States verses Cundiff Wetlands Case Following Remand from Sixth Circuit in Light of Rapanos Decision: On January 25, 2007, the District Court for the Western District of Kentucky heard oral arguments on the limited issue of whether the wetlands owned by Rudy Cundiff in western Kentucky fall within the jurisdiction of the United States in light of the Rapanos decision. The District Court had previously determined that the defendants had violated the Clean Water Act by discharging dredged and fills material into jurisdictional wetlands and ordered the defendants to pay a civil penalty and to implement a restoration plan designed by the United States. The defendants timely appealed the District Court’s finding of liability and decision to impose a civil penalty and restoration plan. While the defendants’ appeal was pending, on June 19, 2006, the Supreme Court issued a decision in the consolidated cases of Rapanos and Carabell, which collectively address the meaning of the phrase “waters of the United States” for purposes of the Clean Water Act. The parties jointly moved for a limited remand on the issue of jurisdiction. On September 29, 2006, the Sixth Circuit granted the parties’ request for a limited remand. On January 18, 2007, the United States filed its pre-trial brief, which will set forth in detail the government’s interpretation of the Rapanos decision.
Kentucky - Region 4 Settles CWA Case Against Winchester Municipal Utilities and the City of Winchester: On January 16, 2007, the Department of Justice lodged a complaint and proposed consent decree in the United States District Court for the Eastern District of Kentucky settling violations of Section 301 of the CWA by Winchester Municipal Utilities (WMU) and the City of Winchester (City). The violations included unauthorized sanitary sewer overflows (SSOs) into waters of the United States from the District’s sanitary sewer system and unauthorized bypasses from treatment of significant volumes of raw sewage from a constructed bypass location at the City’s wastewater treatment plant. The proposed consent decree will fully resolve the claims against the City and WMU. It will require injunctive relief to eliminate all SSOs and ensure future compliance with the CWA and their KPDES permit at an estimated cost of $79 million. The relief would eliminate all unauthorized discharge points in the sewer system and the bypass at the treatment plant. The consent decree also requires WMU and the City to pay to the United Sates a civil penalty of $75,000. WMU and the City will also perform a supplemental environmental project (SEP) at a cost of $230,000. The SEP will require the defendants to capture and treat the “first flush,” or the initial flow from a storm event, in Town Branch, by designing, constructing, and maintaining one or more end-of-pipe structural best management practices (BMPs). The BMPs may include sedimentation, floatation, infiltration, adsorption, biological uptake, biological conversion and/or degradation.
CWA 2006
Mississippi - Region 4 Enters into Consent Agreement and Final Order (CAFO) with Chapel Ridge Partners Settling Storm Water Violations: On December 11, 2006, Region 4 executed and filed a CAFO simultaneously commencing and concluding an enforcement action for violations of Sections 301 and 402 of the CWA. The violations alleged were storm water discharges at the Chapel Ridge Subdivision construction site in Olive Branch, Mississippi. The company is required to pay a penalty of $10,000 for violations of its Storm Water Construction Permit. This enforcement action resulted from an inspection performed by Region 4 on March 29, 2006.
Tennessee - Water Treatment Plant Operator Pleads Guilty to Making False Statements: On November 16, 2006, Wayne Price entered a guilty plea in the U.S. District Court for the Eastern District of Tennessee to a charge of making false statements in discharge monitoring reports required under the Clean Water Act, 33 United States Code Section 1319(c)(4). Price operates the City of Decatur’s Waste Water Treatment Plant. Sentencing has been scheduled for March 19, 2007.
Kentucky - Consent Decree Entered in United States and Commonwealth of Kentucky Environmental and Public Protection Cabinet verses Mid-Valley Pipeline Company, et.al: On November 2, 2006, a multi-regional Consent Decree was entered by the United States District Court for the Eastern District of Kentucky. The Consent Decree resolves claims asserted in the Complaint, filed on August 15, 2006, pursuant to Section 311 of the Clean Water Act (CWA) and Chapter 224 of the Kentucky Revised Statutes and related Kentucky Administrative Regulations. The United States and Kentucky reached a settlement with Mid-Valley Pipeline Company (Mid-Valley) and pipeline operator Sunoco Pipeline L.P. (SPLP), requiring the companies to pay a $2.57 million penalty relating to a January 26, 2005, spill that dumped more than 260,000 gallons of crude oil into the Kentucky and Ohio Rivers (Kentucky spill). Mid-Valley and SPLP will pay $1.4 million to the United States, and $1.17 million to Kentucky. In addition to the penalty, Mid-Valley and SPLP will perform injunctive relief to enhance future spill response preparation, and will reimburse the Commonwealth for response costs of more than $120,000. The Defendants have already reimbursed federal response costs of at least $234,000. The Consent Decree also requires Mid-Valley and SPLP to donate $230,000 to a non-profit organization dedicated to improving the environment of Kentucky. This settlement is in addition to the approximately $9.5 million Defendants spent on their response action to clean up the Kentucky spill. This spill occurred as a result of a girth weld failure in 22-inch diameter pipe that had been laid in 1950. The oil spill harmed hundreds of migratory waterfowl and the oil slick was over 17 miles long. Also, the Complaint and Consent Decree address the United States’ claim under the CWA against Mid-Valley and the pipeline operator, Sun Pipe Line Company (Sun), for a spill of 63,000 gallons of crude oil due to pipeline corrosion on November 24, 2000, into Campit Lake, Louisiana. The Consent Decree requires Mid-Valley and Sun to pay a federal civil penalty of $300,000 for that spill, in addition to the $2.2 million spent by the Defendants in response costs and restoration, and to the over $26,000 reimbursed for federal response costs.
Georgia - Region 4 Files Consent Agreement and Final Order (CAFO) with Heatherwood Developers, Incorporated, to Resolve Alleged Violations of the Clean Water Act (CWA): On September 29, 2006, Region 4 filed a CAFO to resolve alleged violations of CWA Section 301(a) with Heatherwood Developers, Incorporated, (Respondent). The violations were the result of Respondent’s discharge of dredged and/or fill material into waters of the United States using earth moving machinery, during unauthorized activities associated with the construction of a storm water detention facility for a residential development. Respondent impacted approximately 200 linear feet of an unnamed tributary to the Chattahoochee River. To resolve this matter, the Respondent agreed to pay a penalty of $50,000 for the violation.
Florida, Georgia, and South Carolina - EPA Region 4 Files Three Consent Agreements and Final Orders (CAFOs) with Kenan Transport, LLC (Kenan): On September 28, 2006, EPA Region 4 filed 3 CAFOs with Kenan regarding violations of Section 311(b)(3) of the Clean Water Act, 33 United States Code Section 1321(b)(3), in Aiken, South Carolina; Lake Placid, Florida; and Lafayette, Georgia. The violations involve spills of oil into navigable waters from Kenan’s tanker trucks. Pursuant to these CAFOs, Kenan is agreeing to pay penalties of $7,500, $560, and $3,307, respectively.
Alabama - Region 4 Files Consent Agreement and Final Order (CAFO) to Resolve Alleged Violations of the Sewage Sludge Regulations: On September 27, 2006, Region 4 filed a CAFO to resolve alleged violations of Section 405(e) of the Clean Water Act which prohibits the disposal of sludge from treatment works treating domestic sewage except in accordance with the Standards for the Use or Disposal of Sewage Sludge found at 40 Code of Federal Regulations Part 503. The CAFO resolved allegations that the City of Enterprise land applied approximately 190 dry metric tons of sewage sludge which exceeded the ceiling concentration for the pollutant molybdenum during the months of February, June, and December 2005. The city agreed to pay a $4,800 civil penalty to resolve this matter. This matter was settled using the quick resolution provisions of 40 Code of Federal Regulations Section 22.18(b).
Florida - Region 4 Files Consent Agreement and Final Order to Resolve Alleged Violations of the Sewage Sludge Regulations: On September 27, 2006, Region 4 filed a CAFO to resolve alleged violations of Section 405(e) of the Clean Water Act which prohibits the disposal of sludge from treatment works treating domestic sewage except in accordance with the Standards for the Use or Disposal of Sewage Sludge found at 40 Code of Federal Regulations Part 503. The CAFO resolved allegations that the City of Lake Wales failed to timely submit the annual report and failed to monitor for pathogen density at the correct frequency in 2003, failed to monitor for pathogen density and inorganic pollutants at the correct frequency in 2005, and failed to monitor for pathogen density at the correct frequency in the first quarter of 2006. The city agreed to pay a $6,000 civil penalty to resolve this matter. This matter was settled using the quick resolution provisions of 40 Code of Federal Regulations Section 22.18(b).
Mississippi - EPA Enters into Consent Agreement and Final Order (CAFO) with Chevron Products Company: On September 27, 2006, EPA Region 4 issued a Consent Agreement and Final Order (CAFO), settling Class 1 violations of Section 311 of the Clean Water Act against Chevron for numerous small oil spills from its Pascagoula oil refinery. The spills went into the Bayou Casotte, which feeds into the Gulf of Mexico. The CAFO simultaneously commences and concludes this matter. Respondent has agreed to pay a civil penalty of $5,000.
North Carolina - EPA Region 4 Files Consent Agreement and Final Order (CAFO) with North East Oil Company, Incorporated: On September 27, 2006, EPA Region 4 filed a CAFO with North East Oil Company, Incorporated, regarding violations of Sections 311(b)(3) and 311(j) of the Clean Water Act, 33 United States Code Section 1321(b)(3), 1321(j). The violations involve a spill of oil into navigable waters, and failure to implement the company’s Spill Prevention Control and Countermeasure Plan (SPCC), at its petroleum bulk storage plant in Ahoskie. Pursuant to this CAFO, North East Oil Company is agreeing to pay a penalty of $30,929 in three installments.
South Carolina - Region 4 Files Consent Agreement and Final Order (CAFO) to Resolve Alleged Violations of the Sewage Sludge Regulations: On September 27, 2006, Region 4 filed a CAFO to resolve alleged violations of Section 405(e) of the Clean Water Act which prohibits the disposal of sludge from treatment works treating domestic sewage except in accordance with the Standards for the Use or Disposal of Sewage Sludge found at 40 Code of Federal Regulations Part 503. The CAFO resolved allegations that North Charleston Sewer District failed to install an instrument which continuously monitors carbon monoxide of the exit gas at the sewage sludge incinerator. Annual reports indicate that approximately 2,105 dry metric tons (dmt) of sewage sludge were incinerated in 2002, 1,302 dmt of sewage sludge were incinerated in 2003, 890 dmt of sewage sludge were incinerated in 2004, and 321 dmt of sewage sludge were incinerated in 2005. The incineration of sewage sludge in a sewage sludge incinerator without monitoring continuously for carbon monoxide in the exit gas from the incinerator stack is a violation of 40 Code of Federal Regulations 503.40(c) (1). The North Charleston Sewer District agreed to pay a $29,000 civil penalty to resolve this matter. This matter was settled using the quick resolution provisions of 40 Code of Federal Regulations Section 22.18(b).
Alabama, Georgia, Florida, North Carolina, Tennessee - Region 4 Files Consent Agreement and Final Orders (CAFOs) with 6 Entities to Resolve Allegations of Failing to Submit Annual Reports in Violation of the Sewage Sludge Regulations: On September 14, 2006, Region 4 filed 6 CAFOs to resolve alleged violations of Section 405(e) of the Clean Water Act which prohibits the disposal of sludge from treatment works treating domestic sewage except in accordance with the Standards for the Use or Disposal of Sewage Sludge found at 40 Code of Federal Regulations (CFR) Part 503. The CAFOs resolved allegations that the following Respondents failed to submit their 2005 annual reports to the Environmental Protection Agency by the regulatory deadline of February 19, 2006: Monroe Utilities Network, Georgia; Town of Tryon, North Carolina; City of Church Hill, Tennessee; Daphne Water Reclamation, Alabama; and the City of Winter Garden, Florida. All Respondents agreed to pay a $600 civil penalty to resolve this matter that was settled using the quick resolution provisions of 40 CFR Section 22.18(b).
Kentucky - Corporation Sentenced for Clean Water Act Violation: On August 25, 2006, Cooksey Brothers Disposal Company, Incorprated was sentenced to three years’ probation for conspiring to violate the Clean Water Act by illegally disposing of landfill leachate in a creek and in a municipal sewer system. In September 19, 2005, the Cooksey Brothers Disposal Company, Incorporated, that operated a solid waste landfill and a tire recycling center in Ashland was indicted in the Eastern District of Kentucky along with two of its managers. The managers were sentenced earlier this year, following their guilty pleas. On May 15, 2006, the company pled guilty to one count of conspiracy to violate the Clean Water Act, in violation of 18 United States Code Section 371.
South Carolina - Region 4 Enters into Consent Agreement and Final Order (CAFO) with Lennar Communities of Carolina, Incorporated, Settling Storm Water Violations: On August 11, 2006, Region 4 executed and filed a CAFO simultaneously commencing and concluding an enforcement action for violations of Section 301 and 402 of the Clean Water Act. The violations alleged were storm water discharges at the Cherish Ridge Subdivision - Phase II construction site in Easley. The company is required to pay a penalty of $6,846 for violations of its Storm Water Construction Permit, and to perform a Supplemental Environmental Project (SEP) valued at $25,000. The SEP is a 12-month storm water demonstration project using innovative techniques to stabilize and restore the banks of the Reedy River on property owned by Naturaland Trust in Greenville. This enforcement action resulted from an inspection performed by EPA Region 4 on May 5, 2004.
North Carolina - Region 4 Enters into two Administrative Consent Orders with Eastern Band of Cherokee Indians Pursuant to Section 309 of the Clean Water Act: On July 13, 2006, Region 4 entered into an Administrative Consent Order with the Eastern Band of Cherokee Indians (Cherokee Tribe) pursuant to Section 309 of the Clean Water Act (CWA), 33 United States Code Section 1319, addressing federal NPDES discharge permit violations at the Cherokee Tribe’s Rough Branch Wastewater Treatment Facility (Facility), located on the Cherokee Tribe’s Reservation, in Jackson County. On October 8, 1999, EPA Region 4 issued to the Cherokee Tribe, an NPDES Permit authorizing a discharge from the Facility to Rough Branch in compliance with the terms, conditions, and requirements of the permit, with an expiration date of October 31, 2002. This permit was administratively extended upon its expiration. On December 17, 2003, EPA Region 4 reissued the Permit to the Cherokee Tribe, with an effective date of February 1, 2004, and an expiration date of December 31, 2008. Among other conditions, the Permit established effluent limitations for the discharge to Rough Branch. Specifically, the Permit includes more stringent limits for Total Residual Chlorine than the previous permit and includes a limitation for Total Ammonia. The Cherokee Tribe has indicated, and EPA agrees based on an inspection of the Facility, that the Facility, as currently designed and operated, cannot meet the effluent limitations in the Permit. As a result, the Cherokee Tribe has violated the effluent limitations in the Permit. The Consent Order contains interim operating limitations for the Facility in order to achieve and maintain compliance with applicable water pollution control standards of the CWA, as well as a compliance schedule for the elimination of the Facility. On June 30, 2006, Region 4 entered into an Administrative Consent Order with the Cherokee Tribe pursuant to Section 309 CWA, 33 United States Code Section 1319, addressing a federal NPDES discharge permit violation at the Cherokee Water Treatment Plant (the facility), located on the Cherokee Tribe’s Reservation, in Swain County. The Cherokee Tribe was required to submit an NPDES permit application for renewal of its existing permit at least 180 days before the previous permit expired. The Cherokee Tribe failed to submit its renewal application on time. The Consent Order requires the Cherokee Tribe to remain in compliance with the conditions of the existing permit, until the permit application for renewal is approved by EPA.
North Carolina - Transportation Official Convicted: On June 15, 2006, a federal jury in the Eastern District of North Carolina convicted Jerry Gaskill, Director of the Ferry Division of the North Carolina Department of Transportation, on two counts related to the unpermitted dredging in May 2004, of a channel in Currituck Sound. Gaskill was convicted of conspiracy and making false statements to federal investigators after he submitted a written statement that the dredging, which occurred after the Department’s attempts to obtain a permit were unsuccessful, had been unintentional. Gaskill faces a sentence of up to 5 years in prison and a fine of up to $250,000.
Kentucky - Landfill Employees Sentenced for Clean Water Act Violations: On May 30, 2006, Cooksey Brothers Disposal Company, Incorporated, landfill manager, Daniel Rooney, was sentenced to 6 months of home confinement, followed by 12 months of probation. On the same date, the corporation’s landfill manager, Daniel Rooney, was sentenced to 12 months and one day of incarceration, followed by 3 years of probation, plus a $5,000 fine. The corporation is scheduled to be sentenced in August. Cooksey Brothers Disposal Company, Inc. operated a solid waste landfill and a tire recycling center in Ashland. On September 19, 2005, the company was indicted in the Eastern District of Kentucky along with landfill manager Daniel Rooney and tire center manager Ricky Handley for an alleged conspiracy to violate the Clean Water Act by illegally disposing of landfill leachate in a creek and in a municipal sewer system. Landfill foreman Roger D. Daniels had previously pled guilty to information charging illegal disposal of leachate and agreed to cooperate in the prosecution of the other defendants.
Kentucky - Landfill Foreman Sentenced for Clean Water Act Violations: On May 30, 2006, Cooksey Brothers Disposal Company, Incorporated, tire center manager, Ricky Handley, was sentenced to 6 months of home confinement, followed by 12 months of probation. On the same date, landfill manager, Daniel Rooney, was sentenced to 12 months and 1 day of incarceration, followed by 3 years of probation, plus a $5,000 fine. Cooksey Brothers Disposal Company, Incorporated, is scheduled to be sentenced in August.
Alabama - Region 4 Issues Administrative Order to Eddleman Properties, Incorporated, Thornton Homes, Incorporated, and/or Chelsea Park, Incorporated, for the Chelsea Park Subdivision Construction Site, Requiring Compliance with Clean Water Act (CWA) Storm Water Requirements : On May 19, 2006, Region 4 issued an Administrative Order to Eddleman Properties, Incorporated, Thornton Homes, Incorporated, and/or Chelsea Park, Incorpated, requiring compliance with the CWA. An inspection at these companies' construction site located in Chelsea, on March 15 and 16, 2006, revealed violations of the storm water requirements. The companies have been invited to show cause to EPA on appropriate civil penalties for the violations.
Alabama - Region 4 Enters into Administrative Consent Order with Parch Band of Creek Indians Pursuant to Section 309 of the Clean Water Act (CWA): On May 4, 2006, Region 4 entered into an Administrative Consent Order with the Parch Band of Creek Indians (Parch) pursuant to Section 309 of the CWA, 33 United States Code Section 1319, addressing federal NPDES storm water permit violations at a construction site known as Riverside Entertainment Center (the facility), located in Wetumpka. A portion of the construction site is situated on tribal trust land (Reservation land), and a portion is situated on land owned by the tribe that is not trust land. The State of Alabama will address the storm water violations occurring on the portion of land that is not Reservation land. The Consent Order requires the Parch to apply for permit coverage to EPA for the land disturbing activity occurring on the Parch Reservation, or cease its storm water discharges. The Order also requires the Parch to ensure adequate stabilization occurs on areas where construction has ceased for at least fourteen days.
Kentucky - United States Responds to Defendants' Motion for Extension of Time to Complete Court-Ordered Restoration in United States v. Cundiff Wetlands Case: On April 25, 2006, defendants Rudy and Seth Cundiff filed a motion with the District Court for the Western District of Kentucky seeking an extension of time in which to complete certain restoration work ordered by the Court as a result of the defendants' land clearing and filling of wetlands in western Kentucky without a permit. The defendants' motion claimed that the defendants were unable to complete the required restoration, which included the planting of wetland tree species, the submission of an annual monitoring report, and the breaching of spoil piles surrounding ditches constructed by the defendants, because of adverse weather in western Kentucky. The restoration plan in question was imposed on the defendants in 2005, following a trial on injunctive relief and civil penalties. After the trial, the Court issued an Order requiring the defendants to implement a restoration plan proposed by the United States and assessed a $225,000 civil penalty against Rudy Cundiff, with $200,000 of that to be suspended upon successful completion of the restoration plan. In order to ensure the timely implementation of the restoration plan, the Court then issued an order establishing a restoration schedule, which sets several deadlines by which the defendants are required to complete various aspects of the restoration plan. The cornerstone of the restoration plan was that defendants were to re-plant, by no later than April 30, 2006, wetland tree species over roughly 90 acres of wetlands that were affected by the defendants' unauthorized land clearing and filling activities. On May 30, 2006, the United States filed its response to the defendants' motion for an extension of time. The United States' response notified the Court that the defendants had not only failed to plant a single tree as required by the restoration plan, but also that defendants failed to submit the required annual monitoring report, failed to hire a qualified ecologist to oversee the required restoration, placed spoil that was removed from a ditch into jurisdictional wetlands on the site, and obstructed the hydrology of a portion of the site by constructing a large berm along the western property boundary. The United States ' response also informed the Court that rainfall records for three cities located near defendants' property showed below average rainfall over the past six months. In light of the defendants' significant noncompliance with the restoration schedule, the United States further argued that defendants were no longer entitled to a suspension of a portion of the civil penalty. The United States requested that the Court reinstate $150,000 of the $200,000 of the civil penalty that had been suspended pending defendants' successful implementation of the restoration plan. The United States also proposed that the Court order a revised restoration schedule requiring the defendants to take immediate action to remove the spoil placed in jurisdictional wetlands, to remove the berm along the western property boundary, and to complete the breaching of the spoil piles. As this is not an ideal time of year for the planting of the wetland trees, the United States also proposed that the defendants be required to complete the planting of wetland tree species by no later than November 30, 2006.
Kentucky - Corporation Sentenced for Clean Water Act Violations: On April 17, 2006, Antec, Incorporated, was sentenced to five years' probation and a $100,000 fine in the U.S. District Court for the Western District of Kentucky. The fine will be suspended, pending payment of $30,000 in restitution to the commonwealth of Kentucky. The company was charged with negligently allowing its employees to dispose of waste chemicals by pouring them into a drain connected to the Louisville Metropolitan Sewer District, in violation of the pretreatment provisions of the Clean Water Act, 33 United States Code Section 1317(d). Antec, Incorporated, operated a chemical supply business in Louisville, Kentucky.
North Carolina - Operations Manager Pleads Guilty in Pretreatment Case: On April 11, 2006, Whit F. Gibson, former Operations Manager at Ecosolve L.L.C., pled guilty in U.S. District Court for the Western District of North Carolina to one felony Clean Water Act charge for illegally disposing of grease trap waste in violation of pretreatment standards. Gibson admitted to knowingly discharging grease trap waste into the Mecklenburg County 's publicly owned treatment works over a two year period. Ecosolve operates a fleet of vacuum trucks that removes, transports, and supposedly disposes of grease trap waste from restaurants located throughout Region 4.
Florida - Region 4 Files Consent Agreement and Final Order (CAFO) with Jacksonville Electric Authority (JEA) Jacksonville, Florida to Resolve Alleged Violations of the Sewage Sludge Regulations: On April 11, 2006, a CAFO was filed to resolve alleged violations of Section 405(e) of the Clean Water Act which prohibits the disposal of sludge from treatment works treating domestic sewage except in accordance with the Standards for the Use or Disposal of Sewage Sludge found at 40 Code of Federal Regulations Part 503. The administrative complaint issued on November 2, 2005, alleged that JEA Jacksonville land applied approximately 2,637 dry metric tons of sewage sludge which exceeded the pollutant concentration for molybdenum. To resolve this matter, JEA Jacksonville agreed to pay a $94,000 civil penalty.
North Carolina - EPA Region 4 Files Consent Agreement and Final Order (CAFO) with Murphy-Brown, LLC to Resolve Alleged Violations of Section 311 of the Clean Water Act: On March 30, 2006, EPA Region 4 filed a CAFO with Murphy-Brown, LLC to resolve alleged violations of Section 311 of the Clean Water Act, as amended by the Oil Pollution Act of 1990. The alleged violations stem from an approximately 20,000 gallon animal fat spill at the Bladenboro, North Carolina, Murphy-Brown swine facility. As part of the settlement agreement, Murphy-Brown will pay a penalty of $13,519 and complete an innovative supplemental environmental project (SEP). The SEP involves the conversion of 22 animal feed delivery trucks from the conventional 75-gallon hydraulic oil reservoir to a 5-gallon hydraulic oil "hydrapak" system. As a result, each truck will carry less oil, thereby minimizing the impact of any spills from the trucks. The SEP will cost approximately $60,000 and the truck conversion is expected to be completed within 180 days.
Tennessee - Region 4 Enters into Consent Agreement and Final Order (CAFO) with Riverwalk Park , LLC, Settling Wetlands Violations: On March 1, 2006, a CAFO was executed and filed by EPA Region 4 concluding an enforcement action for violations of Section 301 and 404 of the Clean Water Act. The violation alleged was the discharge of dredged and fill material without a permit into approximately 0.73 acres of wetlands adjacent to the West Prong of the Little Pigeon River in Pigeon Forge, Tennessee. The company is required to pay a penalty of $85,000 for the violation.
Georgia - Former Director of Environmental Compliance for Acuity Specialty Products Pleads Guilty to Felony Count of Conspiracy to Violate the Clean Water Act: On February 27, 2006, Daniel Schaffer, the former Director of Environmental Compliance for Acuity Specialty Products, entered a guilty plea in the District Court for the Northern District of Georgia. Pursuant to a plea agreement with the United States, Schaffer pleaded guilty to one felony count of conspiring to violate the Clean Water Act by knowingly discharging wastewater in violation of Acuity's Industrial Wastewater Discharge Permit, by submitting false information on Self-Monitoring Reports submitted by Acuity, and by rendering inaccurate the methods required by the city of Atlanta for obtaining representative samples of Acuity's wastewater discharge. Acuity Specialty Products is a chemical blending facility, formerly known as Zep Manufacturing, located in Atlanta. Schaffer is charged with falsifying pH and phosphorus readings on Self-Monitoring Reports submitted to the city of Atlanta; diluting Acuity's effluent with a garden hose while the city of Atlanta was sampling Acuity; and failing to report a discharge of 10,000 gallons of sludge to the city of Atlanta sewer system. Judge Marvin Shoob accepted the guilty plea; however, final adjudication of the plea was stayed until sentencing. At sentencing, Schaffer faces a maximum of 5 years in jail.
North Carolina - Wetland Surveyor is Sentenced in District Court After Pleading Guilty to Felony Charges of Conspiracy, Violating the Clean Water Act, and Making False Statements: On February 23, 2006, Michael Todd Ball, a wetland surveyor, previously employed by AMEC International, was sentenced to 3 years probation, fined $90,000, and ordered to pay $20,000 in restitution for falsifying wetland delineations and other documents so that developers could build a country club on protected wetlands in Brunswick County. Previously, on November 15, 2005, Todd Ball pleaded guilty before the District Court for the Eastern District of North Carolina to felony charges of violating the Clean Water Act, making false statements, and conspiracy. Ball forged the signature of a Corps of Engineers employee on wetland delineation maps and falsified the scope of wetlands on delineation maps so that developers could build an access road to the Sandpiper Bay Golf and Country Club. The restitution ordered by the Court is to be directed to a nonprofit organization and applied to conserve wetlands in Brunswick County.
Tennessee - Region 4 Files Consent Agreement and Final Order (CAFO) with City of Portland to Resolve Alleged Violations of the Sewage Sludge Regulations : On February 16, 2006, a CAFO was filed, to resolve alleged violations of Section 405(e) of the Clean Water Act which prohibits the disposal of sludge from treatment works treating domestic sewage except in accordance with the Standards for the Use or Disposal of Sewage Sludge found at 40 Code of Federal Regulations Part 503. The administrative complaint issued on November 2, 2005, alleged that the city of Portland land applied 43.87 dry metric tons of sewage sludge which exceeded the pollutant concentration for nickel. To resolve this matter, the city of Portland agreed to pay a penalty of $8,000.
South Carolina - Region 4 Issued Administrative Orders to 2 Construction Sites, Requiring Compliance with Clean Water Act (CWA) Storm Water Requirements: On February 14, 2006, Region 4 issued Administrative Orders to Pace Development Group, Incorporated, and to McCar Homes of South Carolina, Incorporated, requiring compliance with the CWA. Inspections at these companies' facilities located in Simpsonville, on December 6, 2005, revealed violations of the storm water requirements. Both companies have been invited to show cause to EPA on appropriate civil penalties for the violations.
Mississippi - Waste Water Treatment Operator Sentenced: On February 9, 2006, Gordon Tollison, former owner and operator of 7 wastewater treatment and 6 drinking water facilities in the Northern District of Mississippi, was sentenced, after pleading guilty to felony violations of the Clean Water Act and making false statements. The charges arose from Tollison's persistent failure to comply with permit limits and from falsifying monitoring reports for his facilities. U.S. District Court Judge Mills, sitting in Oxford, sentenced Tollison to serve 366 days in prison, pay a $5,000 fine, pay a $400 special assessment, and serve 1 year supervised release.
North Carolina - Transportation Official Indicted: On January 18, 2006, a federal grand jury in the Eastern District of North Carolina, indicted Jerry Gaskill, Director of the Ferry Division of the North Carolina Department of Transportation on 4 counts related to the unpermitted dredging in May 2004, of a channel in Currituck Sound, and his attempt to cover up the illegal conduct. Gaskill ordered the dredging after the Department's earlier attempts to obtain a permit were unsuccessful. Gaskill was charged with conspiracy, a felony Clean Water Act violation, a misdemeanor violation of the Rivers and Harbors Act, and making false statements to federal investigators.
Florida - Region 4 Enters into Consent Agreement and Final Order (CAFO) with C.W. Roberts Contracting, Incorporated, settling Storm Water Violations: On January 12, 2006, a CAFO was executed and filed by EPA Region 4 concluding an enforcement action for violations of Section 301 and 402 of the Clean Water Act. The violations alleged in the Complaint, issued October 10, 2005, were storm water discharges at the State Route 65 Mill and Resurface project in Sumatra. The company is required to pay a penalty of $36,250 for violations of its Storm Water Construction Permit. This enforcement action resulted from inspection performed by Region 4 on May 11, 2005.
CWA 2005
Kentucky - Consent Decree Entered in United States v. Kentucky Utilities Company: On December 23, 2005, the Consent Decree in United States v. Kentucky Utilities Company was signed and entered in the United States District Court for the Eastern District of Kentucky. A Notice of Lodging was published in the Federal Register on November 2, 2005, seeking comments for up to 30 days. No comments were received. On December 15, 2005, the United States filed its Motion to Enter the Consent Decree. In this action, the United States sought the assessment of penalties under Section 311 of the Clean Water Act, as amended by the Oil Pollution Act of 1990, due to the discharge in 1999, of approximately 38,000 gallons of diesel fuel oil from an underground pipeline owned and operated by Kentucky Utilities and located at the E.W. Brown Generating Station in Burgin (Brown Station). The United States also sought the assessment of penalties for the 2001 discharge of an unknown quantity of oil from a cooling tower at the Brown Station, and for Defendant's failure to timely submit a Brown Station Facilities Response Plan (FRP). This was the first enforcement case against a facility for failing to submit an FRP. The Consent Decree provides for Kentucky Utilities to pay a civil penalty in the amount of $228,569 and to install 2 additional oil-water separators at the Brown Station. This Supplemental Environmental Project will cost at least $750,000 to install, and an additional $400,000 to maintain over the next 10 years. Finally, as a condition of settlement, Kentucky Utilities was required to implement a FRP.
Kentucky - Region 4 Settles Clean Water Act Case Against the Sanitation District No. 1 of Northern Kentucky: On October 7, 2005, the Department of Justice lodged a complaint and proposed consent decree in the United States District Court for the Eastern District of Kentucky settling violations of Section 301 of the Clean Water Act by the Sanitation District No.1 of Northern Kentucky. The violations included unauthorized sanitary sewer overflows (SSOs) into waters of the United States from the District's separated sanitary sewer system and violations of the District's NPDES permit as a result of its failure to implement within its combined sewer system the nine minimum controls (NMCs) and a long term control plan (LTCP) as required by EPA's Combined Sewer Overflow (CSO) Control Policy. With the goals of achieving compliance with the CSO Control Policy and eliminating SSOs from its separated system, the proposed consent decree will require the District to: propose and implement specific corrective action plans to bring its CSOs into compliance; propose and implement specific corrective action plans to eliminate overflows (particularly at certain pump stations); improve its management, operation and maintenance (MOM) programs to prevent future overflows; and respond to overflows when they occur. The District has estimated that this work will cost more than $880 million. The consent decree also requires the District to pay a civil penalty of $467,400 of which $138,200 will be paid to the United States and $328,200 will be paid to the commonwealth of Kentucky. The District will also perform a supplemental environmental project at a cost of $311,000 to reduce excess flows into the sewer system from residences and to extend sewer service to areas currently served by defective septic tanks or straight pipes discharging raw sewage. Under commonwealth supervision, the District will also spend an additional $325,000 for the performance of four state environmental projects involving land conservation, monitoring of water quality, public education on water quality issues, and watershed restoration. The District is a regional sewer district responsible for the sanitary sewer and treatment systems of 35 municipalities within the boundaries of Boone, Campbell, and Kenton counties. The District is responsible for the operation and maintenance of one major regional wastewater treatment plant, eight minor treatment plants, about 1,500 miles of combined and separate sewer lines, approximately 128 pump stations, 15 flood stations, and other sewer and storm water facilities. The capacity of the District's sewer systems can be overwhelmed after rainfall, resulting in SSOs of 82 million gallons annually from the separated system. In addition, rainfall events cause CSOs of untreated sewage and storm water totaling an average of 850 million gallons annually. These SSOs and CSOs have affected water quality in the Ohio River and its tributaries, the Licking River and Banklick Creek. The commonwealth of Kentucky is a co-plaintiff in this action as the Commonwealth's complaint and a complaint in intervention by the United States were both filed contemporaneously with the lodging of the consent decree.
Mississippi - Region 4 Files Consent Agreement and Final Order (CAFO) with LSP Energy Limited Partnership to Resolve Violations of the Clean Water Act (CWA), as amended by the Oil Pollution Act of 1990 (OPA ): On September 26, 2005, EPA Region 4 filed a CAFO with LSP Energy Limited Partnership to resolve a violation of Section 311(b) of the CWA, as amended by OPA, 33 United States Code Section 1321(b). On June 15, 2004, 1,500 gallons of oil burst from a pipe at LSP Energy Limited Partnership's facility at 200 Industrial Drive, Batesville and spilled on the ground. A portion of this discharge flowed into or upon a drainage ditch that leads into the Tallahatchie River. This discharge of oil caused a sheen upon or discoloration of the surface of the drainage ditch, and therefore, was in a quantity that has been determined may be harmful under 40 Code of Federal Regulations Section 110.3 and in violation of Section 311(b)(3) of OPA. The Tallahatchie River is a navigable water of the United States. Under the terms of the CAFO, LSP Energy Limited Partnership agreed to pay a penalty of $ 3,900 for the discharge.
South Carolina - EPA Region 4 enters into Consent Agreement and Final Order (CAFO) with Dr. Arturo Macasinag: On September 23, 2005, Region 4 filed a CAFO with Dr. Macasinag to settle penalty claims for his violations of Section 301 of the Clean Water Act (CWA) at the site, which is in Conway. The CAFO requires the payment of a penalty of $7,500. In a separate Consent Agreement under Section 309(a) of the CWA, Dr. Macasinag has agreed to restore the impacted wetland area. Region 4 initiated this enforcement action in December 2004, for discharging dredged and fill material into wetlands without a required CWA Section 404 permit. The violations occurred on wetlands adjacent to Dr. Macasinag's private residence, where he filled portions of a cypress swamp.
North Carolina - Region 4 Issues Administrative Order to Morgan Mill Trout Farm Pursuant to Sections 308 and 309 of the Clean Water Act: On September 21, 2005, Region 4 issued an Administrative Compliance Order to Morgan Mill Trout Farm, a non-tribal facility located on the Eastern Band of Cherokee Indians' Reservation, pursuant to Sections 308 and 309 of the Clean Water Act (CWA), for its NPDES permit violations. Morgan Mill violated its NPDES permit through the improper maintenance of settling ponds. The Order requires Morgan Mill to comply with its NPDES permit and to implement Best Management Practices (BMPs) to prevent runoff of sediment into Raven Fork (navigable waters of the United States). In addition, Morgan Mill is required to monitor and report to EPA sediment levels for one year, as well as maintain and perform weekly inspections of the BMPs. Consultation occurred with the Cherokee Tribe during development of the Order, and the Cherokee Tribe supported the issuance of the Order by EPA.
Alabama - Region 4 Files Consent Agreement and Final Order (CAFO) with North Star Carriers to Resolve Violations of the Clean Water Act (CWA), as amended by the Oil Pollution Act of 1990 (OPA): On September 19, 2005, EPA Region 4 filed a CAFO with North Star Carriers to resolve North Star Carrier's violation of Section 311(b) of the CWA, as amended by OPA, 33 United States Code Section 1321(b). On June 15, 2004, North Star Carriers discharged approximately 2,500 gallons of oil from its tanker truck into Cypress Creek, a tributary of the Black Warrior River, causing a sheen on Cypress Creek. Cypress Creek and the Black Warrior River are navigable waters of the United States. Under the terms of the CAFO, North Star Carriers agreed to pay a penalty of $6,000 for the discharge.
Georgia - Dalton Utilities Pays $300,000 in Stipulated Penalties: On August 2, 2005, Dalton Utilities and the Water, Light, and Sinking Fund Commission of the City of Dalton, Georgia, (Dalton Utilities) submitted a check in the amount of $300,000 to the Office of the United States Attorney for the Northern District of Georgia to resolve various Clean Water Act violations. The payment resolved claims made by the United States with respect to Dalton Utilities’ compliance with the pretreatment provisions of the Consent Decree entered into on March 28, 2001, between the United States, State of Georgia and Dalton Utilities. Region 4 has agreed to conduct an audit of Dalton Utilities in the fall of 2005. If the region finds that there has been continuous compliance with the decree since March 2004 and the conditions of termination have otherwise been satisfied, the region has agreed to present to the court a modification of the Consent Decree that would provide for earlier termination. The date for the audit has not yet been set.
Alabama - McWane Incorporated and Officers Convicted: On June 10, 2005 a federal district court jury in the Northern District of Alabama convicted McWane Incorporated. and three executives of the company of several Clean Water Act felonies, including illegal discharges, conspiracy to violate the CWA and false statements related to CWA reporting requirements. The convictions resulted from conduct at the McWane Cast Iron Pipe Company, the Birmingham facility owned by McWane, Incorporated. This facility was found to have routinely dumped untreated waste water into the stream adjacent to the plant and to have filed false reports regarding CWA compliance. Those convicted included James Delk, former vice president and general manager of the company; Michael Devine, the former plant manager; and Barry Robison, vice president of environmental affairs.
Kentucky Waste Haulers Plead Guilty to Clean Water Act Violation: On May 20, 2005, David M. Haggard, Sr. and his company, The Haggard Company, Incorporated entered guilty pleas in the U.S. District Court for the Eastern District of Kentucky to a felony violation of the Clean Water Act, 33 United States Code Section 1319(c)(2)(A). The defendants operated pump trucks which collected grease trap wastes from restaurants and septic tank wastes from residences. The defendants pleaded guilty to knowingly discharging trucked pollutants, namely septic and grease trap wastes, into a publicly-owned treatment works in Winchester. The defendants will be sentenced in August 2005.
Kentucky - Region 4 Settles Clean Water Act Case Against the Louisville and Jefferson County (Kentucky) Metropolitan Sewer District: On April 26, 2005, the Department of Justice lodged a proposed consent decree in the United States District Court for the Western District of Kentucky settling violations of Section 301 of the Clean Water Act by the Louisville and Jefferson County Metropolitan Sewer District (MSD) due to unauthorized sanitary sewer overflows (SSOs) into waters of the United States from MSD's separated sanitary sewer system, and violations of MSD's National Pollutant Discharge Elimination System (NPDES) permit as a result of its failure to implement within its combined sewer system the nine minimum controls (NMCs) and a long term control plan (LTCP) required by EPA's Combined Sewer Overflow (CSO) Control Policy. MSD is responsible for the operation and maintenance of six major regional wastewater treatment facilities, 21 minor treatment plants, and approximately 3,000 miles of sewer lines. Approximately 23percent of these sewer lines are served by a combined system of single pipes that carry both untreated sewage and stormwater to the Morris Forman Waste Water Treatment Plant. The remaining 77percent of MSD's system carries untreated sewage separate from stormwater. The capacity of MSD's sewer systems can be overwhelmed after rainfall, resulting in SSOs of 175 million gallons annually from the separated system. In 2004 alone, however, MSD's separated system experienced more than 500 million gallons of SSOs. In addition, rainfall events cause CSOs of untreated sewage and storm water totaling an average of 4.5 billion gallons annually. These SSOs and CSOs have affected water quality in the Ohio River and its tributaries, including Beargrass. The Commonwealth of Kentucky filed on February 25, 2004 a complaint in state court alleging some, but not all, of the violations that EPA had discovered in its investigation of MSD. The proposed consent decree referenced herein settles a subsequent complaint filed by the Commonwealth in federal court and a complaint in intervention by the United States both of which were filed contemporaneously with the lodging of the consent decree. With the goal of achieving compliance with the CSO Control Policy and eliminating SSOs from its separated system, the proposed consent decree will require MSD to: propose and implement specific corrective action plans to bring its CSOs into compliance with water quality standards; propose and implement specific corrective action plans to abate SSOs especially in the Hikes Point and Beechwood Village areas; improve its management, operation and maintenance (MOM) programs to prevent future overflows; and respond to overflows when they occur. MSD has estimated that this work will cost more than $500 million. The consent decree also requires MSD to pay a civil penalty to the Commonwealth of $1 million and perform under commonwealth supervision $2.25 million of supplemental environmental projects.
North Carolina - Region 4 Enters Consent Agreement and Final Order with Progressive Development Partners of Sardis, LLC settling Storm Water Violations: On April 20, 2005, a Consent Agreement and Final Order (CAFO) was executed and filed by EPA Region 4 pursuant to 40 Code of Federal Regulations Section 22.13(b), simultaneously commencing and concluding an enforcement action for violations of Section 301 and 402 of the Clean Water Act. The violations alleged were storm water discharges at the Wal-Mart Superstore #5036 construction site in Charlotte. The Respondent is required to pay a penalty of $7,500 for violations of its Storm Water Construction Permit. This enforcement action resulted from an inspection performed by Region 4 on November 3, 2003.
Kentucky - Region 4 Files a Consent Agreement and Final Order with The Somerset Refinery Incorporated to Resolve Alleged Violations of the Oil Pollution Act: On March 4, 2005, Region 4 executed a Consent Agreement (CA) with The Somerset Refinery, Incorporated. The Agreement resolves the issues raised by the Administrative Complaint EPA filed September 29, 2004, which sought Class II Civil Penalties for six spill violations of Section 311 of the Clean Water Act. The Regional Administrator signed a Final Order (FO) approving the Consent Agreement March 10, 2005. The Respondent, The Somerset Refinery, Incorporated is a small oil refinery located in Somerset, Pulaski County. Between April 2000 and May 2004, the refinery had six oil spills that reached the waters of Sinking Creek, which eventually feeds into Lake Cumberland which is the primary source of drinking water for five surrounding counties. Under the CAFO, the refinery will pay a penalty of $24,127. The refinery will also conduct a Supplemental Environmental Project (SEP) in which it will remove all underground piping at the refinery and replace any active lines with above-ground pipes, which can be more easily monitored and maintained. The SEP is valued at $27,538.
Alabama - Bay Minette Waste Water Treatment Plant Manager Sentenced for Clean Water Act Violation: On Thursday, March 3, 2005, Harry Still, the former manager of the Bay Minette, Waste Water Treatment Plant, was ordered to pay a $3,000 fine and serve a year on probation for filing a false report to Alabama Department of Environmental Management (ADEM). Still pleaded guilty last November to this felony violation of the Clean Water Act. In addition to his sentence, Still will forfeit his waste water treatment plant operator's certification. Beginning last spring, the plant was investigated for discharging raw sewage to its receiving stream. Investigators learned that Still had been allowing untreated water to bypass the plant without reporting the bypasses. A consent order between ADEM and the utility will be used to help avoid future violations.
Kentucky - Dairy Farmer Sentenced for Clean Water Act Violation: On March 1, 2005, Jimmy Joe Hale, owner and operator of the Sunrise Dairy Farm in Kirksey, Kentucky, was ordered in the Western District of Kentucky to pay a fine of $500 for a misdemeanor violation of the Clean Water Act. Hale's farm contained several large waste lagoons, which were subject to a no-discharge operating permit issued by the state. In November 2002, the state issued an Notice of Violation to Hale for failing to maintain his dikes and levees, allowing overflows. The state ordered Hale to repair and empty the lagoons. He failed to do so, and in February 2003, one of the lagoons breached, releasing an estimated 3 million gallons of wastewater into Damon Creek.
Mississippi - Developer and Associates Convicted for Wetlands and Related Violations: On February 25, in the Southern District of Mississippi, a jury convicted Robert J. Lucas, Jr., his daughter, Robbie Lucas Wrigley, and M.E. Thompson, Jr., of all 41 counts of an indictment which charged violations of Section 402 and 404 of the Clean Water Act, 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 developing the lots, Lucas filled wetlands for the construction of driveways and septic systems for the lots. The construction activities persisted after Lucas was warned by EPA and other agencies that the activities were prohibited. Wrigley was a sales agent for Lucas and sold lots and otherwise participated in the conspiracy knowing that the lots were saturated and could not support their septic systems. M.E. Thompson, a professional engineer, furthered the scheme by wrongfully certifying that the lots were suitable for septic systems, even after receiving warnings from the local health department to the contrary.
Tennessee - Region 4 Settles Clean Water Act Case Against the Knoxville Utilities Board: On February 11, 2005, a consent decree was entered in the United States District Court for the Eastern District of Tennessee settling violations of Section 301 of the Clean Water Act by the Knoxville Utilities Board (KUB) due to unauthorized sanitary sewer overflows (SSOs) into waters of the United States and other National Pollutants Discharge Elimination System permit deficiencies. KUB owns and operates four wastewater treatment plants along with approximately 1,300 miles of collection and transmission systems regulated under the NPDES permit requirements of the Clean Water Act. KUB has experienced numerous SSOs (totally approximately 3.5 million gallons per year) from its sewer collection system, exceedance of the effluent limits of its NPDES permits, and bypasses of secondary treatment works at its treatment plants (blending) that was not in accordance with the terms of its permits (which allow for blending under certain conditions). With a goal of addressing SSOs from its collection system, KUB elected to participate in Region 4's Management, Operations and Maintenance (MOM) Project. As a participant, KUB prepared a self-assessment of its wastewater facilities and collection systems in October 1999. In cooperation with Region 4, the state of Tennessee took the lead in overseeing the appropriate regulatory response. EPA's involvement in this matter was a continuation of the efforts initiated by the state. The state, the city of Knoxville and the Tennessee Clean Water Network, a local environmental citizens group, also joined this action as co-plaintiffs. With the goal of eliminating SSOs and maintaining compliance with its permits, the consent decree will require KUB to: continuously analyze the causes of SSOs and propose specific corrective action plans to abate such causes; implement MOM programs to prevent future SSOs; ensure that the sewer system has adequate capacity before allowing new connections to add flow; comprehensively review the performance of its treatment plants; respond to SSOs when they occur, including cleaning up building backups; and institute a comprehensive water quality monitoring program. This work is estimated to cost approximately $530 million. The consent decree also requires KUB to pay a civil penalty which will be split between the United States and the state. The United States and the state will each receive $167,000 for a total penalty of $334,000. The state penalty will be paid in the form of an environmental project to provide funds for the acquisition of real property interests in a sensitive watershed of the Knoxville area. KUB also will perform a $2 million Supplemental Environmental Project by providing funding to moderate, low and very low income level residential property owners to repair their private laterals.
North Carolina - Region 4 Settles Clean Water Act Case Against Lakeview Packing and Jacob Turnage: On January 27, 2005, the case against Lakeview Packing and Jacob Turnage was settled through entry of a Consent Judgment in the United States District Court for the Eastern District of North Carolina in Raleigh. Lakeview and Mr. Turnage will be required to pay an $80,000 civil penalty. On June 11, 2003, Region 4 referred to the Department of Justice (DOJ) for civil enforcement violations of Section 301 of the Clean Water Act by Lakeview and Jacob Turnage for unauthorized discharges of pollutants into waters of the United States. Lakeview operates a hog slaughterhouse in LaGrange, Greene County. Mr. Turnage is the responsible corporate officer exercising control over Lakeview's activities that for a period of more than six years caused the discharge of domestic sewage and hog processing wastewater directly into waters of the United States rather than being contained in the facility's inadequate septic tank system. In 1999, EPA referred a criminal case against Lakeview and Mr. Turnage with respect to these activities. The resulting criminal action concluded in August 2002 with a Memorandum of Plea Agreement between the United States and only Lakeview, pursuant to which the illegal discharge pipe was removed and Lakeview's domestic sewage system was repaired. Because of the egregious nature of these violations and the fact that the criminal settlement with Lakeview resulted in a relatively light criminal fine ($75,000), Region 4 referred the matter to the Department of Justice for additional civil penalties against both Lakeview and Mr. Turnage.
EPCRA 2007
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Georgia - Region 4 Enters into Consent Agreement and Final Order (CAFO) with Equity Group-Georgia Division, Limited Liability Partnership, to Resolve Alleged Violations of CERCLA 103(a) and EPCRA 304(a): On November 20, 2007, Region 4 filed a CAFO with Equity Group-Georgia Division, Limited Liability Corporation, to resolve alleged violations of Sections 103(a) of CERCLA and 304(a) of EPCRA. On May 17, 2007, anhydrous ammonia had been released at its facility located in Camilla. The CAFO alleged that the company did not immediately notify the National Response Center of the release. To resolve the violation, the company agreed to pay a $15,716 penalty for the CERCLA violation, and $5,239 for the alleged violation of Section 304(a) of EPCRA.
Kentucky - Region 4 Enters into a Consent Agreement and Final Order (CAFO) with Southwire Company (Southwire) to Resolve an EPCRA Violation: On August 20, 2007, Region 4 and Southwire entered into a CAFO to settle a violation of Section 304(a) of EPCRA for the amount of $7,978. Pursuant to the CAFO, Southwire is required to spend a total of $26,127 to perform Supplemental Environmental Projects (SEPs). The SEP categorized as a Pollution Reduction SEP requires Southwire to spend $17,963 to install automatic shut off valves for machines that use chlorine. The other SEP, categorized as an Emergency Preparedness SEP, requires Southwire to spend $8,164 for equipment to be donated to the Hawesville Fire Department. The violation resulted from Southwire’s failure to immediately notify the National Response Center as soon as Southwire had knowledge of a release of the extremely hazardous substance chlorine in an amount that exceeded the reporting quantity. The incident occurred on January 16, 2007, at the Southwire’s facility located in Hawesville.
South Carolina - Region 4 Files Consent Agreement and Final Order with Mitsubishi Polyester Film, Incorporated, to Resolve Alleged Violations of Reporting Requirements of Section 312 of EPCRA: On August 7, 2007, a Consent Agreement and Final Order was filed with Mitsubishi Polyester Film, Incorporated, (Respondent), located in Greer. EPA found that for calendar years 2003, 2004, and 2005, the Respondent failed to submit Hazardous Chemical Inventory Forms for four hazardous chemicals present at the facility to South Carolina’s State Emergency Response Commission, the Local Emergency Planning Committee, and the fire department with jurisdiction in the area, as required by Section 312 of EPCRA. The Respondent agreed to pay a penalty of $7,190 for the EPCRA violations.
Kentucky - Region 4 Files Consent Agreement and Final Order with Zeon Chemicals LP, to Resolve Alleged Violations of Notification Requirements of Section 103(a) of CERCLA, and Section 304(a) of EPCRA: On August 6, 2006, a Consent Agreement and Final Order was filed with Zeon Chemicals LP, (Respondent), located in Louisville. EPA found that on June 29, 2006, the Respondent had a release at or above the reportable quantity of an extremely hazardous substance, acrylonitrile, and a hazardous substance, butadiene, and that the Respondent failed to timely notify the National Response Center of a hazardous substance release as required by Section 103(a) of CERCLA. The Respondent failed to notify Kentucky’s State Emergency Response Commission (SERC), and the Local Emergency Planning Committee, (LEPC)
of the release, and failed to provide written notice of the release to the appropriate SERC and LEPC, violating Section 304(a) of EPCRA. The Respondent agreed to complete a Supplemental Environmental Project, spending a minimum of $12,279, and to pay a penalty of $1,637 for the CERCLA violation, and $1,637 for the EPCRA violations.
Mississippi - Region 4 Files Consent Agreement and Final Order with Delta Pride Catfish, Incorporated, to Resolve Alleged Violations of Notification Requirements of Section 103(a) of CERCLA, and Section 304(a) of EPCRA: On August 2, 2007, a Consent Agreement and Final Order was filed with Delta Pride Catfish, Incorporated, (Respondent), located in Indianola. EPA found that on February 7, 2006, the Respondent had a release at or above the reportable quantity of a hazardous substance, anhydrous ammonia, and that the Respondent failed to timely notify the National Response Center of a hazardous substance release as required by Section 103(a) of CERCLA. Under EPCRA’s reporting requirements, anhydrous ammonia is classified as an extremely hazardous substance. The Respondent also failed to notify Mississippi’s State Emergency Response Commission (SERC), and Local Emergency Planning Committee, (LEPC) of the release, and failed to provide written notice of the release to the appropriate SERC and LEPC, violating Section 304(a) of EPCRA. The Respondent agreed to complete a Supplemental Environmental Project, spending a minimum of $42,492, and to pay a penalty of $3,929 for the CERCLA violations, and $7,179 for the EPCRA violations.
North Carolina - Region 4 Files Consent Agreement and Final Order (CAFO) with Carolina Fur Dressing Company, to Resolve Alleged Violations of Reporting Requirements of EPCRA Section 313: On July 26, 2007, a CAFO was filed with Carolina Fur Dressing Company, (Respondent), located in Raleigh. EPA found that for calendar years 2003, 2004, and 2005, the Respondent failed to submit Form R for formic acid, a toxic chemical, to EPA and the State of North Carolina, as required by Section 313 of EPCRA. The Respondent agreed to pay a penalty of $12,186 for the alleged EPCRA violations.
Alabama - Region 4 Files Consent Agreement and Final Order (CAFO) with Leroy Hill Coffee Company to Resolve Alleged Violations of EPCRA: On June 27, 2007, a CAFO was filed to resolve alleged violations of EPCRA Section 312 with Leroy Hill Coffee Company, Mobile. The violations were the result of Respondent’s failure to submit a completed Emergency and Hazardous Chemical Inventory form for carbon dioxide to the State Emergency Response Commission, the Local Emergency Planning Committee, and the local fire department for the calendar years 2003, 2004 and 2005. To resolve this matter, the Respondent agreed to pay a penalty of $7,190.
Tennessee - Region 4 Files Consent Agreement and Final Order (CAFO) with D. Canale Beverages, Incorporated, to Resolve Alleged Violations of Section 312 of EPCRA: On June 14, 2007, a CAFO was filed to resolve alleged violations of EPCRA Section 312 with D. Canale Beverages, Incorporated, Memphis. The violations were the result of Respondent’s failure to submit a completed Emergency and Hazardous Chemical Inventory Form for sulfuric acid to the State Emergency Response Commission, the Local Emergency Planning Commission, and the fire department with jurisdiction over the facility for calendar years 2003, 2004, and 2005. To resolve this matter, the Respondent agreed to pay a civil penalty of $5,707 to the U.S. Treasury and to complete a supplemental environmental project worth at least $8,400.
Florida - Region 4 Files Consent Agreement and Final Order (CAFO) with Hanson Pipe and Products for Alleged Violations of EPCRA: On May 22, 2007, EPA Region 4 filed a CAFO with Hanson Pipe and Products, resolving alleged violations of Section 313 of EPCRA at the company’s facilities located in Green Cove Springs and Deland. The alleged violations stem from the company’s failure to timely file a toxic chemical release inventory form “R” for xylene, at both facilities. As part of the settlement, Hanson agreed to pay a penalty of $30,020 for the alleged violations.
Georgia - Region 4 Files Consent Agreement and Final Order (CAFO) with Tifton Aluminum Company, Incorporated, for Alleged Violations of EPCRA and CERCLA: On May 22, 2007, EPA Region 4 filed a CAFO with Tifton Aluminum Company, Incorporated, resolving alleged violations of Section 304 of EPCRA and Section 103 of CERCLA at the company’s Tifton facility. The alleged violations stemmed from a July 24, 2006, release of chlorine at the facility, and the company’s failure to timely notify the appropriate emergency management agencies. As part of the settlement, Tifton agreed to pay a penalty of $20,954 for the alleged violations.
Alabama - Region 4 Files Consent Agreement and Final Order (CAFO) with Southeastern Extrusion and Tool, Incorporated, to Resolve Alleged Violations of EPCRA: On March 30, 2007, a CAFO was filed to resolve alleged violations of EPCRA Sections 312 and 313 with Southeastern Extrusion and Tool, Incorporated, in Florence. The violations were the result of Respondent’s failure to submit a Form R for ammonia and methanol to EPA by July 1 of the reporting year for the years 2003 and 2004. Respondent also failed to submit a completed Emergency and Hazardous Chemical Inventory form for ammonia to the State Emergency Response Commission, the Local Emergency Planning Committee and the fire department with jurisdiction over the facility for calendar years 2003, 2004, and 2005. To resolve this matter, the Respondent agreed to pay a civil penalty of $68,995 for the EPCRA violations.
Kentucky - Region 4 Files Consent Agreement and Final Order (CAFO) with Mallinckrodt Baker, Incorporated, to Resolve Alleged Violations of EPCRA and CERCLA: On March 5, 2007, a CAFO was filed to resolve alleged violations of EPCRA Sections 304(a) and (c) and CERCLA Section 103(a) with Mallinckrodt Baker, Incorporated, located in Paris. The violations were the result of Respondent’s failure to immediately notify the National Response Center, the State Emergency Response Commission (SERC) and the Local Emergency Planning Committee (LEPC) as soon as Respondent had knowledge of the release of ammonia in an amount equal to or greater than its reportable quantity. Respondent also failed to submit a follow-up written notice to the SERC and the LEPC in a timely manner for the release. To resolve this matter, the Respondent agreed to pay a penalty of $6,549 for the CERCLA violation and $27,505 for the EPCRA violations.
North Carolina - Region 4 Files Consent Agreement and Final Order (CAFO) with Americh Corporation to Resolve Alleged Violations of EPCRA Section 313: On January 10, 2007, Region 4 filed a CAFO to resolve alleged violations of EPCRA Section 313 with Americh Corporation, located in Charlotte. The violations were the result of Respondent's failure to submit Form R’s for Styrene for the reporting year 2005. To resolve this matter, Respondent agreed to pay a penalty of $7,674.
EPCRA 2006
Georgia - Region 4 Files Consent Agreement and Final Order (CAFO) in Sunny Delight Beverages Company to Resolve Alleged Violations of the Emergency Planning and Community Right-to-Know Act (EPCRA): On December 5, 2006, EPA Region 4 filed a CAFO in the matter of Sunny Delight Beverages Company to resolve alleged violations of the emergency notification provisions included in EPCRA and the Comprehensive Environmental Response, Compensation and Liability Act. The alleged violations stem from an October 12, 2005, release of anhydrous ammonia from Sunny Delight’s Atlanta facility. As part of the CAFO, Sunny Delight agreed to pay a penalty of $5,239.00.
Kentucky and North Carolina - Region 4 Files Consent Agreement and Final Order (CAFO) with SGL Carbon, LLC, to Resolve Alleged Violations of EPCRA: On December 5, 2006, Region 4 filed a CAFO to resolve alleged violations of EPCRA Sections 312 and 313 with SGL Carbon, LLC, at its facilities in Morganton, North Carolina, and Hickman, Kentucky. The violations were the result of Respondent's failure to submit Form R’s for Benzo[g,h,i]perylene and Polycyclic Aromatic Compounds for the reporting years 2002, 2003 and 2004. Respondent also failed to submit a completed Emergency and Hazardous Chemical Inventory Form for coal tar pitch to the State Emergency Response Commission, the Local Emergency Planning Committee and the fire department for the years 2003, 2004 and 2005. To resolve this matter, Respondent agreed to pay a penalty of $174,762.
Kentucky - Region 4 Files Consent Agreement and Final Order (CAFO) with Cemex, Incorporated (Kosmos): On July 28, 2006, EPA Region 4 filed a CAFO with Kosmos to resolve the alleged EPCRA and CERCLA violations that occurred at the company’s Louisville facility on October 12, 2005. The alleged EPCRA and CERCLA violations stem from the release of over 1,000 pounds of sulfuric acid 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, Kosmos agreed to pay a civil penalty of $2,320 to resolve the CERCLA violation and $2,320 to resolve the EPCRA violations. Also, the company will perform a Supplemental Environmental Project valued at $16,544 by donating equipment to the local fire district.
Tennessee - Region 4 Files Consent Agreement and Final Order (CAFO) with Gibson Farmers Cooperative to Resolve Alleged Violations of CERCLA and EPCRA: On June 22, 2006, Region 4 filed a CAFO to resolve alleged violations of CERCLA Section 103(a) and EPCRA 304(a) with Gibson Farmers Cooperative (Respondent), Humboldt. 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 as soon as Respondent had knowledge of the release of ammonia in an amount equal to or greater than its reportable quantity. To resolve this matter, the Respondent agreed to pay a penalty of $10,562 for the CERCLA violation and $5,281 for the EPCRA violations.
North Carolina - Region 4 Files Consent Agreement and Final Order (CAFO) with Klingspor Abrasives, Incorporated, to Resolve Alleged EPCRA Section 312 Violations: On June 2, 2006, a CAFO was filed with the Regional Hearing Clerk to resolve alleged violations of Section 312 of EPCRA, discovered from an inspection conducted at the Respondent’s facility in Hickory. EPA alleged that the company did not submit completed Tier II reports for diesel fuel, diphenylmethane diisocyanate, ethyl acetate, and ethylene vinyl acetate to state and local entities for calendar years 2004 and 2003. The CAFO required payment of a $2,407 civil penalty and performance of a supplemental environmental project involving the purchase and donation of equipment to a local fire department.
Kentucky - Region 4 Files Consent Agreement and Final Order (CAFO) with Carbide Industries LLC to Resolve Alleged Violations of EPCRA: On April 11, 2006, a CAFO was filed to resolve alleged violations of EPCRA Section 313 with Carbide Industries LLC, Louisville (Respondent). The violations were the result of Respondent's failure to submit a Form R to EPA for polycyclic aromatic compounds for the years 2002, 2003, and 2004. Respondent agreed to pay a penalty of $32,175 to resolve the violations.
Georgia - Region 4 Files Consent Agreement and Final Order (CAFO) with The Home Depot to Resolve Alleged Violations of EPCRA: On March 14, 2006, Region 4 filed a CAFO to resolve alleged violations of EPCRA Section 312 with The Home Depot, Norcross (Respondent). The violations were the result of the Respondent's failure to submit a completed Emergency and Hazardous Chemical Inventory Form for sulfuric acid by the March 1, 2005, deadline. Respondent agreed to pay a penalty of $10,562 for the EPCRA violation.
EPCRA 2005
Georgia - Region 4 Files Consent Agreement and Final Order (CAFO) with Tyco Healthcare Group LP to Resolve Alleged Violations of EPCRA: On August 25, 2005, Region 4 filed a CAFO to resolve alleged violations of EPCRA Sections 311 and 312 with Tyco Healthcare Group LP, Atlanta, (Respondent). The violations were the result of the Respondent's failure to submit a Material Safety Data Sheet and an emergency and hazardous chemical inventory form for sulfuric acid to the State Emergency Response Center, the Local Emergency Planning Committee and the fire department with jurisdiction over the facility. Respondent agreed to pay a penalty of $26,975 for the violations.
Georgia - Region 4 Files Consent Agreement and Final Order (CAFO) with U.S. Battery Manufacturing. Augusta Incorporated Resolving Alleged Violations of EPCRA Section 312: On July 1, 2005, a CAFO was filed with the company referenced above. The company owns and operates facilities in Augusta and Evans. Sulfuric acid was present in amounts exceeding 1,000 pounds during the 2002 and 2001 calendar years. In the CAFO, EPA alleged that the Respondent did not report this chemical to the State Emergency Response Commission, Local Emergency Planning Committee, and fire department, as required by EPCRA Section 312. Pursuant to the CAFO, the Respondent will pay a penalty of $9,516 and perform a Supplemental Environmental Project in which the company will purchase and donate equipment to the Columbia Emergency Hazmat Committee, located in Evans.
Tennessee - Region 4 Files Consent Agreement and Final Order (CAFO) with Greenway Chemical Company Incorported to Resolve Alleged Violations of EPCRA: On July 1, 2005, a CAFO was filed with this company, located in Knoxville, Tennessee . The company did not submit a Form R for nitric acid for the 2001, 2002 and 2003 calendar years, as required by EPCRA Section 313, and did not report sulfuric acid to the State Emergency Response Commission, Local Emergency Planning Commission, and fire department, for the 2003, 2002, and 2001 calendar years, in violation of Section 312 of EPCRA. The CAFO resolves these alleged violations of EPCRA, and the Respondent has agreed to pay a civil penalty of $20,815 in installments.
Kentucky - Region 4 Files Consent Agreement and Final Order (CAFO) with Bill Collins Oil Company Incorporated to Resolve Alleged Violations of EPCRA: A CAFO was filed on May 2, 2005, to resolve alleged violations of EPCRA Section 312 with Bill Collins Oil Company Greensburg. The violations were the result of Respondent's failure to submit a completed Emergency and Hazardous Chemical Inventory Form for low sulfur diesel fuel to the State Emergency Response Center, the Local Emergency Planning Committee, and the fire department with jurisdiction over the facility for the calendar years 2002 and 2003. Respondent agreed to pay a penalty of $ 8,876.
Kentucky - Region 4 Enters into a Consent Agreement and Final Order (CAFO) with Barton Brands, Limited to Resolve Emergency Planning and Community Right-to-Know Act (EPCRA) Violations: On April 5, 2005, Region 4 and Respondent, Barton Brands, Limited (Barton Brands) entered into a CAFO to settle violations of Section 103(a) the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Section 304(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (EPCRA). According to the agreement Barton Brands will pay a penalty of $1,320, and will also expend $11,680 to implement a Supplemental Environmental Project (SEP). The SEP involves the installation of high level switches and emergency shut-off valves for two tanks to prevent them from overflowing. The violations resulted from a release of 21,575 pounds of ethyl alcohol on December 14, 2004, at Barton Brands' facility in Owensboro, Kentucky . Since there was a release of a hazardous substance in an amount that exceeded the reportable quantity (RQ) of 10,000 pounds, Barton Brands was required to: 1. Pursuant to Section 103(a) of CERCLA, immediately notify the National Response Center (NRC) as soon as they had knowledge of the release of the ethyl alcohol in an amount equal to or greater than its RQ; and 2. Pursuant to Section 304(a) of EPCRA, immediately notify the Georgia Emergency Response Commission (GERC) and the Local Emergency Planning Committee (LEPC). The release occurred at approximately 9:30 a.m. and Barton Brands notified the NRC at 4:14 pm (approximately 6 hours later). The GERC and the LEPC were also notified late.
Kentucky - Region 4 Files Consent Agreement and Final Order (CAFO) to Resolve Alleged Violations of EPCRA Section 312: On March 1, 2005, a CAFO was filed with Bardstown-Nelson County Air Board, located in Bardstown, Kentucky, to resolve alleged violations of Section 312 of EPCRA, for not submitting Emergency and Hazardous Chemical Inventory forms for the 2002 and 2003 calendar years. To resolve this matter, the Respondent agreed to pay a civil penalty of $4,188.
Georgia - Region 4 Files Consent Agreement and Final Order (CAFO) to Resolve Alleged Violations of EPCRA Section 312: On February 17, 2005, a CAFO was filed with Georgia Nutrients, Incorporated located in Ball Ground, to resolve alleged violations of Section 312 of EPCRA. EPA alleged that the company did not submit Emergency and Hazardous Chemical Inventory forms, as required by EPCRA Section 312, to the State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC), and fire department, for the 2000, 2001, and 2002 calendar years. Submission of such forms enables emergency responders to better plan for and respond to unexpected releases of hazardous chemicals. To resolve this matter, the Respondent agreed to pay a civil penalty of $10,000.
Georgia - Region 4 Files Consent Agreement and Final Order (CAFO) with MFG Chemical, Incorporated to Resolve Alleged Violations of the Emergency Planning and Community Right to Know Act (EPCRA) and Comprehensive Environmental Response Compensation and Liability Act (CERCLA): On February 8, 2005, EPA Region 4 filed a CAFO with MFG Chemical to resolve alleged violations of Section 304(a) of EPCRA, 42 United States Code Section 11004(a), and 103(a) of CERCLA, 42 United States Code Section 9603(a), for failure to notify the National Response Center and State and Local Emergency Response Commissions following a release of anhydrous ammonia at its facility in Dalton. Under the terms of the settlement agreement, MFG Chemical agreed to pay a penalty of $48,750 for the alleged violations.
Georgia - Region 4 Files Consent Agreement and Final Order (CAFO) to Resolve Alleged EPCRA Section 313 Violation: On February 3, 2005, a CAFO was filed to resolve alleged violations of EPCRA Section 313 with J D's Glassworks Incorporated located in Woodstock for the 2002 and 2003 calendar years, for non-reporting, or late reporting, of lead, with a 100 pound threshold quantity. The CAFO requires payment of a $5,675 penalty, in four quarterly installments. Under Section 313 of EPCRA, toxic chemical release reports are due on or before July 1 of each year. Late reporting of Section 313 information interferes with EPA's ability to convey information to the public.
Georgia - Region 4 Files Consent Agreement and Final Order (CAFO) to Resolve Alleged Violations of EPCRA Section 312: On February 3, 2005, a CAFO was filed with California Natural Products (CA) to resolve alleged violations of Section 312 of EPCRA. EPA alleged that the company's facility located in Savannah, did not submit Emergency and Hazardous Chemical Inventory forms, as required by EPCRA Section 312, to the State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC), and fire department, for the 2003 calendar year. Submission of such forms enables emergency responders to better plan for and respond to unexpected releases of hazardous chemicals. To resolve this matter, the Respondent agreed to pay a civil penalty of $3,438 and to perform a Supplemental Environmental Project involving modification of the ammonia refrigeration system.
Kentucky - Region 4 Files Consent Agreement and Final Order (CAFO) with Southern States Cooperative, Incorporated to Resolve Alleged Violations of EPCRA: On January 14, 2005, a CAFO was filed to resolve alleged violations of EPCRA Section 304(a) and CERCLA Section 103(a) with Southern States Cooperative, Incorporated Clay. The violations were the result of Respondent's failure to immediately notify the National Response Center, the State Emergency Response Center and the Local Emergency Planning Committee after a release of approximately 4,250 pounds of anhydrous ammonia. Respondent agreed to pay a penalty of $ 28,567 and to complete a Supplemental Environmental Project (SEP) worth $3,900.
False Statement Act 2007
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North Carolina - Guilty Plea for Falsification of Training Certificates: On July 20, 2007, in the Western District of North Carolina, Donald Burnette was arraigned after pleading guilty to falsifying medical certifications required under the Occupational Safety and Health Administration. Burnette was the office manager of Employee Staffing and Acquisition Company, LLC, a temporary agency in Charlotte. Evidence showed that Burnette and others routinely falsified training certificates required in connection with providing employees to environmental cleanup contractors, including those participating in the Hurricane Katrina cleanup.
FIFRA 2007
Kentucky - Pesticide Violations Charged: On November 15, 2007, the U.S. Attorney for the Western District of Kentucky filed an Information charging Donnie Halcomb of Allensville with four counts of violating FIFRA and three counts of violating the Migratory Bird Treaty Act. All of the charges are misdemeanors. EPA's Criminal Investigation Division and the U.S. Fish and Wildlife Service have been conducting a joint investigation of allegations that Halcomb used bait laced with Furadan, a restricted-use pesticide, to kill nuisance birds and predators. The defendant is scheduled to be arraigned on December 19, 2007. An Information is only an accusation, and the person charged is presumed innocent until and unless proven guilty.
Florida – Region 4 Files Consent Agreement and Final Order (CAFO) to Resolve FIFRA Case Against Astro-Pure, Incorporated: On September 12, 2007, Region 4 filed a CAFO to resolve FIFRA Section 12 (selling unregistered pesticides) cases against Astro-Pure, Incorporated, in Deerfield Beach. Astro-Pure agreed to pay a fine of $3,300.
North Carolina – Region 4 Files Consent Agreement and Final Order (CAFO) to Resolve FIFRA Case Against Coor Farm Supply Services, Incorporated: On September 12, 2007, Region 4 filed a CAFO to resolve FIFRA Section 12 (selling unregistered pesticides) cases against Coor Farm Supply Services in Smithfield. Coor Farm Supply Services agreed to pay a fine of $15,470.
Alabama - Region 4 Files a Consent Agreement and Final Order (CAFO) With Prozone Pool Products, Incorporated, (Respondent) to Resolve Alleged Violations of FIFRA Section 7’s Reporting Requirements: On August 14, 2007, a CAFO was filed with the Respondent for violation of Section 7 of FIFRA for failure to timely submit the annual report of pesticide production for calendar year 2005. The Respondent, located in Huntsville, agreed to send future reports by certified mail, and pay a civil penalty of $1,000.
Georgia - Region 4 Files a Consent Agreement and Final Order (CAFO) with Richard G. Bennett d/b/a Buddie’s Puddy Company to Resolve Alleged Violations of FIFRA Section 12 for Sale of a Misbranded Pesticide Product: On August 7, 2007, a Consent Agreement and Final Order was filed with Richard G. Bennett d/b/a Buddy’s Puddy Company ( Respondent) located in Screven to resolve an alleged violation of Section 12(a)(1)(E) of FIFRA. An inspection of the Respondent’s facility revealed that pesticide products were misbranded in that treatment, storage, disposal, and precautionary statements were not included on the product labels. The Respondent agreed to pay a civil penalty of $2,960.
North Carolina - Region 4 Files Administrative Complaint Alleging Violations of FIFRA by E-Z Cleaners, Limited Liability Company, (Respondent) : On August 3, 2007, Region 4 filed an administrative complaint alleging violations of FIFRA by the Respondent, located in Rock Hill. The Respondent sells an “all purpose” anti-microbial hand gel and crème. The claims include unlawful distribution of a pesticide, distribution of a misbranded pesticide, and production of a pesticide in an unregistered facility. EPA is seeking a penalty of $74,300 for these violations.
South Carolina - Region 4 Files a Consent Agreement and Final Order (CAFO) with PAR Enterprises, d/b/a Texas Pool Chemicals to Resolve Alleged Violations of FIFRA Section 12 for Sale of a Misbranded Pesticide Product: On August 2, 2007, Region 4 filed a CAFO with PAR Enterprises, d/b/a Texas Pool Chemicals (Respondent), located in Houston, Texas, to resolve an alleged violation of Section 12(a)(1)(E) of FIFRA. EPA received a Notice of Arrival of Pesticides and Devices for pesticide products which were imported through the Port of Charleston and destined for the Respondent’s facility. The products had labels indicating a Texas EPA Producer Establishment Number rather than the correct foreign EPA Producer Establishment Number. The Respondent has certified that the imported products were labeled with an incorrect establishment number, provided a revised Notice of Arrival of Pesticides and Devices with the corrected number, and agreed to pay a civil penalty of $900.
Florida - Region 4 Files a Consent Agreement and Final Order (CAFO) with Fantasy Pools, Limited Liability Company, (Respondent) to Resolve Alleged Violations of FIFRA Section 12 for Producing a Pesticide in an Unregistered Establishment, and for the Sale of a Misbranded Pesticide Product: On August 6, 2007, Region 4 filed a CAFO with the Respondent, located in Hudson. During an inspection of the Respondent’s facility in January of 2007, EPA discovered that the facility was not registered as a pesticide-producing establishment, and a pesticide product was found to have a false EPA Registration Number, in violation of FIFRA Section 12(a)(2)(L) and 12(a)(1)(E), respectively. The Respondent agreed to pay a civil penalty
of $8,755.
Georgia - Region 4 Files a Consent Agreement and Final Order (CAFO) with Chemlink Laboratories, Limited Liability Company, (Respondent) to Resolve Alleged Violations of FIFRA Section 12 for the Sale of a Misbranded Pesticide Product: On August 6, 2007, a CAFO with the Respondent, located in Kennesaw. During an inspection of the Respondent’s facility in February of 2005, EPA discovered a pesticide product offered for sale or distribution that was misbranded with an inaccurate registration number. The Respondent agreed to pay a civil penalty of $3,910.
Alabama - Region 4 Files a Consent Agreement and Final Order (CAFO) with Woodlands Specialists, Incorporated, (Respondent) to Resolve Alleged Violations of FIFRA Section 12 for Producing a Pesticide In An Unregistered Establishment and Selling An Unregistered and Misbranded Pesticide Product: On August 1, 2007, filed a CAFO with the Respondent to resolve alleged violations of Sections 12(a)(1)(A) and (E), and 12(a)(2)(L) of FIFRA. Located in Selma, the Respondent submitted a Notice of Arrival of Pesticides and Devices to EPA on June, 11, 2004, for imported pesticides which were found to be unregistered. The imported products were entered under a U.S. Customs bond, calling for the Respondent to either export or destroy the products by June 3, 2005. Investigations by EPA and the Alabama Department of Agriculture found that rather than exporting or destroying the unregistered pesticide, Respondent repackaged and re-labeled the products at an unregistered establishment in Birmingham and distributed the unregistered pesticide, in violation of FIFRA 12(a)(1)(A) and (E), and 12(a)(2)(L). The Respondent agreed to pay a civil penalty of $10,931.
North Carolina - Region 4 files Consent Agreement and Final Order (CAFO) with Town and Country Pet Care, Incorporated, to Resolve FIFRA Violations: On July 17, 2007, a CAFO between EPA and Town and Country Pet Care, Incorporated, (Respondent) was filed with the regional hearing clerk. Pursuant to the CAFO, the Respondent will pay a penalty of $1,248 to resolve alleged violations of Section 12 of FIFRA. The CAFO alleges that the Respondent distributed and/or sold misbranded pesticides, in that the labels on the products contained misleading directions and failed to bear an EPA registration number. Respondent sells and distributes pet care products at its facility located in Eden.
North Carolina - Region 4 files Consent Agreement and Final Order (CAFO) with Aspen Investments, Incorporated, to Resolve FIFRA Violations: On June 27, 2007, a CAFO between EPA and Aspen Investments, Incorporated, (Respondent) was filed with the regional hearing clerk. The CAFO alleges that Respondent distributed or sold eight unregistered pesticides in violation of Section 12 of FIFRA. Pursuant to the CAFO, Respondent will pay a penalty of $85,840 to resolve FIFRA violations. The CAFO alleges that Respondent distributed and/or sold eight unregistered pesticides. Respondent owns and operates a facility located in Middlesex.Florida - Region 4 Files Administrative Complaint Against Jack’s Magic Product’s, Incorporated, Alleging Violations of FIFRA: On June 25, 2007, EPA Region 4 filed a complaint against Jack’s Magic Product’s, Incorporated, (Respondent ) alleging violations of FIFRA, including 9 counts alleging the unlawful distribution and/or sale of two unregistered pesticides. The complaint assessed a penalty of $40,950. The violations were documented during an EPA inspection on February 7, 2006. Respondent owns and operates a business that manufactures bleaching solutions for pools at its facility located in Largo.
Tennessee - Distributor Sentenced for Unlawful Distribution of Restricted-Used Pesticide: On March 12, 2007, James Mark Mills was sentenced in the U.S. District Court for the Eastern District of Tennessee, after pleading guilty to misdemeanor violations of the FIFRA and the Migratory Bird Treaty Act. Mills is a certified commercial applicator of pesticides. Mills sold carbofuran, a restricted-use pesticide, to Dennis Plemmons, and told Plemmons how to use the pesticide to kill coyotes and wild dogs. Plemmons was not a certified applicator. Plemmons’ subsequent misuse of the carbofuran caused the death of a number of his neighbors’ pet dogs, as well as red-tailed hawks and barn owls. Plemmons was convicted in state court of unlawfully killing animals belonging to others and unlawfully killing wildlife, and was sentenced to serve 45 days in jail. Mills was sentenced in federal court to one year of probation, including 6 months of home detention, in addition to making restitution in the amount of $5,000 to the U.S. Fish and Wildlife Service.
Florida - Region 4 Files Consent Agreement and Final Order (CAFO) with RedEagle Chemicals Company to Resolve Alleged Violations of FIFRA: On March 1, 2007, a CAFO was filed to resolve alleged violations of FIFRA Sections 12(a)(2)(L) and 12(a)(2)(N) with RedEagle Chemicals Company in Lakeland. The violations were the result of Respondent’s failure to fully complete the 2001, 2002, 2003 and 2004 annual production reports for Ethephon it imported into the United States. Also, the Respondent failed to submit the annual report for 2004 in a timely manner. To resolve this matter, the Respondent agreed to pay a penalty of $15,000 and has submitted complete reports for all of the years in violation.
FIFRA 2006
North Carolina - Region 4 Files Consent Agreement and Final Order (CAFO) with Syngenta Crop Protection, Incorporated to Resolve Alleged Violations of FIFRA: On March 22, 2006, Region 4 filed a CAFO to resolve alleged violations of FIFRA Section 12(a)(1)(E) with Syngenta Crop Protection, Incorporated, Greensboro (Respondent). The violations were disclosed to EPA by Respondent on May 19, 2005. The disclosure did not meet the Audit Policy criteria for self-disclosure and so a denial was issued along with a CAFO for penalties. The violation of selling and distributing a misbranded pesticide resulted in a penalty of $15,600 which Respondent agreed to pay.
FIFRA 2005
Florida - Region 4 Files Consent Agreement and Final Order (CAFO) with Michael Benjamin, doing business as, First Chance Pool and Spa Supply to Resolve Alleged Violations of the FIFRA: On September 27, 2005, Region 4 filed a CAFO with Michael Benjamin, doing business as First Chance Pool and Spa Supply (First Chance), to resolve alleged violations of FIFRA and its implementing regulations at a pool supply store in Hialeah. First Chance is not a corporation, but a store that is privately owned by Benjamin. The alleged violations pertained primarily to failure to properly label containers of sodium hypochlorite. Under the terms of the settlement agreement, Mr. Benjamin agreed to pay a penalty of $750 for the alleged violations.
Florida - Region 4 files FIFRA Consent Agreement and Final Order (CAFO) with Haiti Supermarket, Incorportated: On July 1, 2005, a CAFO was filed with Ernest Lucius d/b/a Haiti Supermarket Incorporated to resolve alleged violations of FIFRA, which were discovered as a result of an inspection conducted July 9, 2003, at Haiti Supermarket, Incorporated located in Fort Lauderdale. The CAFO requires payment of a civil penalty of $7,575 in installments. According to the CAFO, the Respondent repackaged the pesticide, "Tempo Ultra WP," in unlabeled bags. FIFRA requires that pesticides be properly labeled and that producers of pesticides be registered with EPA. The Respondent was alleged to have violated FIFRA when he sold or distributed a misbranded pesticide on two separate occasions, and when he produced a pesticide at an unregistered establishment.
Florida - Initial Decision and Order on Default Assesses $3,300 Civil Penalty in FIFRA Matter: On May 2, 2005, an Initial Decision and Order on Default was filed in the Matter of Rebecca Pesso, d/b/a Pesso Distributors/Pesso's General Store. The Respondent located in Willistonnever submitted financial information to EPA for consideration. Prior to filing the complaint, the Region attempted unsuccessfully to settle this matter. On September 23, 2004, the Region filed an administrative complaint which proposed assessment of a $3,300 penalty. The complaint alleged that the Respondent violated Section 12(a)(2)(L) of FIFRA, 7 United States Code (U.S.C.) Section 136j(a)(2)(L), when the Respondent did not submit an annual report to EPA for the 2002 calendar year by March 1, 2003, as required by FIFRA Section 7, 7 U.S.C. Section 136e and 40 Code of Federal Regulations Section 167.85. The Respondent did not file an Answer to the complaint. The Initial Decision and Order on Default becomes effective 45 days after service on the parties unless an appeal is filed with the Environmental Appeals Board, or a party moves to set aside the default order. The Default Order requires payment of the $3,300 penalty within 30 days.
Florida Region 4 Files a Consent Agreement and Final Order to Resolve an Alleged Violation of the FIFRA Section 12: On March 28, 2005, a CAFO was filed with Organix South, Inc. (Organix) of Clearwater to resolve an alleged violation of FIFRA's pesticide registration requirement. An EPA inspection performed in 2003 revealed that two unregistered pesticide products were being produced and distributed by Organix, and that the company was not registered as a pesticide producing establishment. Organix agreed to pay a civil penalty of $5,940.
North Carolina - Region 4 Enters Consent Agreement and Final Order (CAFO) with Carolina Pool Management, Incorporated to Resolve a FIFRA Violation: On March 1, 2004, Region 4 and Respondent, Carolina Pool Management Incorporated entered into a CAFO to settle a violation of Section 12 of FIFRA. Pursuant to the CAFO, Respondent will pay a penalty of $18,490. The enforcement of Section 12 of FIFRA, and the regulations set forth in 40 Code of Federal Regulations Part 167, is significant because the regulations were implemented to establish registration and reporting requirements for persons who produce, distribute and sell pesticides. Region 4 alleged that the Respondent: 1. Produced pesticides but failed to register its establishment with the Administrator, in violation of Section 12(a)(2)(L) of FIFRA and; 2. Distributed or sold misbranded pesticides on at least five occasions, in violation of Section 12(a)(1)(E) of FIFRA, 136j(a)(1)(E). Respondent's primary business involves managing commercial swim clubs. Respondent also repackages chlorine bleach at its facility located at 587 North Polk Street, Pineville, North Carolina.
FOIA 2005
(Learn more)Kentucky - United States District Court, Eastern District of Kentucky, Covington Division issues Temporary Restraining Order enjoining EPA from producing documents concerning criminal investigation of Griffin Industries, Incorporated in response to Freedom of Information Act Requests: On April 22, 2005, Griffin Industries, Incorporated (Griffin) of Cold Springfiled a Complaint for Temporary Restraining Order and Injunctive Relief (TRO) to prevent EPA from releasing documents relating to the company in response to two Freedom of Information Act (FOIA) requests. The government obtained the documents at issue during the criminal investigation of Griffin's East Dublin rendering plant. Following a guilty plea by Griffin to a misdemeanor violation of Title 33 United States Code Section 1319(c)(1)(A) of the Clean Water Act, the criminal case was closed. EPA then received FOIA requests for all documents pertaining to Griffin. The District Court Judge granted Griffin's request for a TRO and ordered the parties to file briefs regarding the Court's jurisdiction over this matter and the standard of review. The Judge stated that he will then hold a hearing to determine whether to extend the TRO.
MIGRATORY BIRD TREATY ACT 2005
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Georgia - Parties Sentenced in Bartow County Bird Kill: On March 25, 2005, former congressional candidate Roger Kahn, his employee, Mike Bramlett, and Kahn Cattle Company, LLC, were sentenced in Federal District Court in Rome for killing more than 3,300 birds on Kahn's farm two years ago. The Court sentenced the individual defendants to each serve 60 days of home confinement, one year of probation, pay $15,000 fines and perform 160 hours of community service for violations of the federal Migratory Bird Treaty Act. The company, which had pleaded guilty to a felony violation of Resource Conservation Recovery Act, paid a fine of $170,000 plus restitution costs of $97,284 for the costs of an EPA-led cleanup and investigations by EPA, the U.S. Fish and Wildlife Service, and Georgia Department of Natural Resources.
OPA 2007
North Carolina - Region 4 Files Consent Agreement and Final Order (CAFO) with Waste Management of Carolinas, Incorporated, to Resolve Violation of CWA Section 311, as amended by the Oil Pollution Act of 1990 (OPA): On September 20, 2007, Region 4 filed a Class 2 Administrative CAFO with Waste Management of Carolinas, Incorporated, to resolve Waste Management’s OPA violation. EPA did not receive any comments during the Public Notice period. On August 17, 2006, Waste Management discharged 6,544 gallons of diesel fuel from its truck refueling station, into a navigable water, Bowen Branch Creek, causing a sheen on the creek and its adjoining shorelines. Pursuant to the CAFO, Waste Management agreed to pay a penalty of $20,000 for the violation, and has cleaned up the discharge.
Kentucky - Region 4 Files Five Consent Agreements and Final Orders (CAFOs) With Journey Operating, Limited Liability Company, (Journey) Resolving Alleged CWA Violations as Amended by OPA: On September 17, 2007, Region 4 filed 5 separate CAFOs with Journey of Sugarland, Texas, for spills from an oil pipeline in Yeadiss. The spills were violations of CWA Section 311. The spills occurred between May 5, 2005, and March 7, 2007, and varied in size from 2.5 barrels to 30 barrels. As part of the settlement agreements, Journey agreed to pay penalties ranging from $348 to $4,768, to resolve the alleged violations.
Florida - Region 4 Files Consent Agreement and Final Order (CAFO) with Eagle Transport Corporation to Resolve Violation of CWA Section 311, as amended by OPA: On September 11, 2007, Region 4 filed a Class 1 Administrative CAFO with Eagle Transport Corporation to resolve Eagle’s violation of CWA Section 311(b), as amended by OPA, 33 United States Code Section 1321(b). On July 8, 2006, Eagle had a release of oil from one of its tanker trucks involved in a single vehicle accident in Zolfo Springs. Eagle discharged approximately 4,578 gallons of oil into a tributary of Peace River, a navigable water, causing a sheen on the tributary and its adjoining shorelines. Pursuant to the CAFO, Eagle agreed to pay a penalty of $10,108 for the violation and clean up the discharge.
North Carolina - Region 4 Files Consent Agreement and Final Order (CAFO) with WilcoHess to Resolve Violation of CWA Section 311, as amended by OPA: On September 11, 2007, Region 4 filed a Class 1 Administrative CAFO with WilcoHess, resolving violation of CWA Section 311(b), as amended by OPA, 33 United States Code Section1321(b). On January 1, 2006, WilcoHess had a release of oil from its gas station facility in Raleigh and discharged approximately 138 gallons of oil into a tributary of Walnut Creek, a navigable water. This caused a sheen on the creek and its adjoining shorelines. Pursuant to the CAFO, WilcoHess agreed to pay a penalty of $1,330 for the violation and clean up the discharge.
Alabama - Region 4 Files Complaint Against Southern Class Trucking, Incorporated, Regarding CWA 311 Violation: On September 10, 2007, Region 4 filed an administrative Complaint against Southern Class Trucking, Incorporated, regarding a violation of CWA Section 311(b)(3), 33 United States Code Section 1321(b)(3). The violation occurred on September 13, 2002, in Fort Payne and involved a spill of oil into navigable waters from a Southern Class Trucking tanker truck. EPA is seeking a penalty of up to $137,500 for this violation.
Kentucky - EPA Region 4 Files Consent Agreement and Final Order (CAFO) with KeyStop, Resolving Alleged CWA 311 Violations: On September 6, 2007, Region 4 filed a CAFO with KeyStop of Franklin for alleged violations of CWA Section 311(b), as amended by OPA. The alleged violations stemmed from a traffic incident on August 19, 2005, during which a KeyStop tanker truck collided with another vehicle causing the tanker to break open and spill hydraulic oil into Buck Branch Creek in Martin. As part of the settlement agreement, KeyStop will pay a penalty of $2,326 and undertake an emergency response and preparedness supplemental environmental project (SEP). The SEP involves the donation of 29 items to the Franklin Fire Department. The equipment donations will provide the Fire Department with items necessary for responding to oil spill incidents.
OPA 2006
Region 4 issues CWA 311(c) Oil Spill Removal Order to United American Energy and Arrowhead Enterprises: On November 29, 2006, EPA Region 4 issued an Administrative Order pursuant to Section 311(c) of the Clean Water Act (CWA) to Respondents United American Energy (UAE) and Arrowhead Enterprises. The Order requires Respondents to immediately stabilize and mitigate an oil spill discharging into Rogers Fork and Cow Creek, both perennial streams, from their oil production facility. UAE owns and operates the facility, and Arrowhead also operates the facility. The facility currently contains two active oil wells located immediately upgradient of the area where the oil discharge exits the subsurface and enters the Rogers Fork. The Order also requires Respondents to submit a Work Plan and schedule to EPA to ensure the integrity of all equipment utilized in the production of oil at the facility, including inspecting the flowlines and gathering lines associated with the wells, and recording fluid level measurements in the wells.
Georgia - EPA Signs Consent Agreement and Final Order (CAFO) on Explorers Transport: On September 28, 2006, EPA signed the CAFO for the Explorers Transport case. On April 28, 2005, one of Explorers Transport’s fuel delivery trucks ran off Georgia Interstate Highway 75 and overturned down an embankment leading into the Hiawassee River, a water of the United States. The overturned vehicle released 8,500 gallons of fuel into the Hiawassee River. EPA and Explorers Transport negotiated a CAFO pursuant to Clean Water Act Section 311 (b)(6)(ii), as amended by the Oil Pollution Act of 1990 which requires Explorers Transport to pay $17,760 to EPA. In addition to paying the fine, Explorers Transport will implement a Supplemental Environmental Project consisting of the purchase of 250,000 gallons of bio-diesel fuel, and the installation of underground storage tank monitoring and dispensing equipment.
Kentucky - Region 4 Files Consent Agreement and Final Order (CAFO) with Sapphire Coal Company to Resolve Violations of the Clean Water Act (CWA), as amended by the Oil Pollution Act of 1990 (OPA): On September 27, 2006, EPA Region 4 filed a CAFO with Sapphire Coal Company to resolve Sapphire’s violations of Section 311(b) and (j) of the CWA, as amended by OPA, 33 United States Code Section 1321(b) and (j). On September 22, 2004, Sapphire reported a discharge of approximately 778 gallons of oil from an above ground storage tank at its facility into Camp Branch Creek, causing a sheen on the Creek and its adjoining shorelines. In addition, Sapphire should have had a Spill Prevention, Control, and Countermeasure plan for its facility, but did not. Pursuant to the CAFO, Sapphire agreed to pay a penalty of $13,500 for the violations.
OPA 2005
Alabama - Florida - Georgia - Kentucky - Tennessee - Region 4 Enters Consent Agreements and Final Orders (CAFOs) with CSX Transportation, Incorporated, for Nine Separate Discharges in Region 4 States: On September 22, 2005, EPA Region 4 filed nine CAFOs with CSX Tranportation, Inc., to resolve CSX's violations of Section 311(b) of the Water Act, as amended by the Oil Pollution Act, 33 United States Code Section 1321(b). Under the terms of the CAFOs, CSX Transportation agreed to pay, in aggregate, $55,393 in penalties for nine discharges of oil and/or hazardous substances to navigable waters or adjoining shorelines. The spills occurred in Alabama (2), Florida (1), Georgia (3), Kentucky (2) and Tennessee (1).
North Carolina - Region 4 Files Consent Agreement and Final Order (CAFO) with Energy Dispatch, LLC to Resolve Alleged Violations of the Oil Pollution Act: On May 6, 2005, EPA Region 4 filed a CAFO with Energy Dispatch, LLC to resolve alleged violations of Section 311 of the Clean Water Act, as amended by the Oil Pollution Act, 33 U.S.C. Section 1321. The alleged violations resulted from a 7,600 gallon oil spill from a tanker truck in North Carolina which necessitated the removal of 88,000 gallons of contaminated water and 175 tons of contaminated soil from the affected area. Under the terms of the settlement agreement, Energy Dispatch agreed to pay a penalty of $4,950 for the alleged violations.
Kentucky - Region 4 Files a Consent Agreement and Final Order with The Somerset Refinery Incorporated to Resolve Alleged Violations of the Oil Pollution Act: On March 4, 2005, Region 4 executed a Consent Agreement (CA) with The Somerset Refinery Incorporated. The Agreement resolves the issues raised by the Administrative Complaint EPA filed September 29, 2004, which sought Class II Civil Penalties for six spill violations of Section 311 of the Clean Water Act. The Regional Administrator signed a Final Order (FO) approving the Consent Agreement on March 10, 2005. The Respondent, The Somerset Refinery, Incorporated is a small oil refinery located in Somerset, Pulaski County. Between April 2000 and May 2004, the refinery had six oil spills that reached the waters of Sinking Creek, which eventually feeds into Lake Cumberland which is the primary source of drinking water for five surrounding counties. Under the CAFO, the refinery will pay a penalty of $24,127. The refinery will also conduct a Supplemental Environmental Project (SEP) in which it will remove all underground piping at the refinery and replace any active lines with above-ground pipes, which can be more easily monitored and maintained. The SEP is valued at $27,538.
REFA 2005
Tennessee - Truck Washing Service Sentenced for Refuse Act Violation: On March 1, 2005, Professional Mobile Cleaning Incorporated, a subsidiary of Fleetwash Incorporated pleaded guilty in the U.S. District Court for the Western District of Tennessee to a violation of the Refuse Act, 33 United States Code Section 407, for allowing commercial truck washing water and detergents to be discharged to the Mississippi River through a sewer drain. Fleetwash had a national truck washing contract with the U.S. Postal Service which required Fleetwash to collect and properly dispose of wash waters. An investigation by the U.S. Postal Service and EPA disclosed instances when wash waters were discharged into storm sewers in Memphis and Knoxville and Atlanta. The court accepted the plea, and sentenced Professional Mobile Cleaning Incorporated to pay a fine of $1,000 to the United States, plus restitution totaling $220,000. This amount includes $140,000 to the U.S. Postal Service and $80,000 to state agencies.
RCRA 2007
Georgia - Two Men indicted for Illegal Storage and Disposal of Solid Waste: On December 19, 2007, a grand jury in Dekalb County indicted Howard Bruce DeDominicis and Michael Smith for violating the Georgia Solid Waste Management Act. The case involves illegal storage and disposal of solid waste by operators and owners of Southeastern Research and Recovery, Incorporated, (SRR). From April 2003 through May 2004, SRR operated a waste transfer station located on Constitution Road. SRR collected solid waste from commercial facilities throughout Georgia. SRR disposed of over 10,000 drums of solid waste at the Constitution Road Site. EPA conducted a removal action at the Site. The matter is a joint investigation of the EPA Criminal Investigation Division, Georgia Department of Natural Resources, and the Office of the Georgia Attorney General. The defendants are the former president of SRR, Bruce DeDominicis, and the former vice president Michael Smith. Defendant Michael Smith is also charge with Theft by Deception and Theft by Taking.
Georgia - Man Pleads Guilty in Waste Case: On November 20, 2007, Deryl Parker of Greenville pled guilty to a single 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, removed by Parker to an unknown location. The violation is a felony under RCRA which carries a sentence of up to three years.
Mississippi - Man Pleads Guilty to Hazardous Waste Charges: On November 15, 2007, Dennis E. Pridemore pled guilty to 6 felony counts in a grand jury indictment. Sentencing is scheduled for February 7, 2008. The grand jury in the Southern District of Mississippi had returned a 6 count indictment charging Pridemore, operator of Hydromex, Incorporated, with numerous violations of RCRA and for making false statements. The RCRA counts included illegal treatment, storage, and disposal of hazardous waste.
Tennessee - EPA Region 4 Enters RCRA 3008(a) Consent Agreement and Final Order (CAFO) with Intertrade Holdings, Incorporated (Intertrade): On September 18, 2007, Region 4 entered a RCRA 3008(a) CAFO with Intertrade, located in Copperhill. 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 CAFO. The CAFO alleges that Intertrade: (1) failed to make hazardous waste determinations; (2) stored hazardous waste without a permit or interim status; (3) failed to meet satellite accumulation requirements; (4) failed to date, label and properly store universal waste; (5) failed to label and properly store used oil; (6) failed to respond to used oil releases; (7) failed to properly maintain its facility; (8) failed to have a contingency plan and to make arrangements with local authorities; (9) failed to meet manifests requirements; and (10) failed to provide personnel training to its employees. The CAFO requires the payment of a $144,500 penalty over a 3-year schedule. The CAFO also requires that the company ship any hazardous waste that it may have stored for over 90 days to a permitted treatment, storage facility. All of the other RCRA violations have been corrected.
Florida - Region 4 Enters into Consent Agreement and Final Order (CAFO) with Diversified Container Services, Incorporated, Resolving RCRA 3008(a) Violations: On September 17, 2007, Region 4 entered a RCRA 3008(a) CAFO with Diversified Container Services, Incorporated, (Diversified). Located in Jacksonville, Diversified re-conditions various containers and military vehicles. 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 CAFO. The CAFO alleges the following RCRA 3008(a) violations: (1) failure to obtain an EPA identification number; (2) failure to make hazardous waste determinations; (3) failure to maintain facility to prevent a release of hazardous waste or hazardous constituents to the environment; (4) failure to label and date hazardous waste containers; (5) illegal treatment of hazardous waste; illegal disposal of hazardous waste; (6) failure to conduct personnel training for employees working with hazardous waste; (7) failure to maintain an adequate contingency plan; and (8) failure to store used oil in proper containers. The CAFO requires the payment of a penalty in the amount of $125,000, a “Demonstration of Compliance” letter to EPA to show that violations have been corrected, and injunctive relief in the form of site investigation work which will be conducted under the oversight of the Florida Department of Environmental Protection’s Waste Cleanup Section in Jacksonville.
Florida - Region 4 Enters into Consent Agreement and Final Order (CAFO) with U.S. Customs and Border Protection, U.S. Department of Homeland Security, Resolving RCRA 3008(a) Violations: On September 17, 2007, Region 4 entered a RCRA 3008(a) CAFO with U.S. Customs and Border Protection, U. S. Department of Homeland Security (U.S. Customs) located in Jacksonville. 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 CAFO. The CAFO alleges the following RCRA 3008(a) violations: (1) failure to notify as a hazardous waste generator; (2) failure to label containers; (3) failure to have secondary containment for used oil drum storage area; (4) failure to have complete contingency plan; and (5) shipping hazardous waste without proper manifests. The CAFO requires U.S. Customs to pay a $10,000 civil penalty.Florida - Region 4 Enters into Consent Agreement and Final Order (CAFO) with Mosaic Fertilizer, Limited Liability Company, Resolving RCRA 3008(a) Violations: On September 11, 2007, Region 4 entered a RCRA 3008(a) CAFO with Mosaic Fertilizer. 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 CAFO. This CAFO addresses violations related to the transport and transfer of process wastewater from Mosaic's pond water system at the Green Bay facility undergoing closure in Bartow to Mosaic's pond water system process operations at their New Whales facility in Mulberry. Wastewaters at both facilities are subject to RCRA Subtitle C regulation as corrosive hazardous wastes due to the loss of the Bevill exclusion caused by improper mixing of Bevill excluded waste with non-Bevill hazardous wastes. On-going settlement negotiations between the phosphoric acid production industry, EPA and the Department of Justice are expected to resolve violations at these facilities and restore Bevill status. Until negotiations are complete, the CAFO provides requirements that Mosaic must meet to continue transfer and transport of wastewater from Green Bay to New Whales which is environmentally beneficial as a substitute for fresh water. The Florida Department of Environmental Protection has approved the transfer and use of the wastewater under the facility's closure plan.
Georgia - EPA Region 4 Enters RCRA 3008(a) Consent Agreement and Final Order (CAFO) with Chemical Products Corporation, Incorporated, (CPC) Resolving RCRA Financial Assurance Violations: On September 5, 2007, Region 4 entered a RCRA 3008(a) CAFO with CPC, a chemical corporation, located in Cartersville. 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 CAFO. The CAFO alleges that CPC violated RCRA financial assurance violations by: (1) submitting an inaccurate cost estimate; (2) failing to timely submit its annual financial tests for the years 2003-2006; and (3) failing to demonstrate financial responsibility for sudden accidental occurrences from 2003 through May 31, 2007. In July 2007, CPC corrected the third violation. The CAFO requires CPC to pay a $7,000 civil penalty and provide EPA with a detailed and accurate cost estimate.
Georgia - EPA Region 4 Enters RCRA 3008(a) Consent Agreement and Final Order (CAFO) with Coating Systems, Incorporated (CSI): On July 30, 2007, Region 4 entered a RCRA 3008(a) CAFO with CSI at its location in Garden City. 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 CAFO. The CAFO alleges that CSI: (1) failed to make a hazardous waste determination, (2) stored hazardous waste without a permit or interim status, (3) failed to manage containers properly, and (4) failed to meet certain preparedness and prevention requirements. After the EPA inspection, CSI corrected all violations and no longer handles hazardous waste at its facility. The CAFO requires CSI to pay a $12,000 civil penalty.
Tennessee - Region 4 Issues Consent Agreement And Final Order To McPherson Oil Company For Waste Oil Violations: On April 2, 2007, the Regional Administrator issued a Consent Agreement and Final Order to McPherson Oil Company to resolve violations of RCRA and Tennessee law and associated regulations regarding waste oil handlers and transporters. Respondent is a transporter and transfer facility for the recovery and recycling of used oil. This oil is collected from various locations and businesses and accumulated it at the Kingston facility, before the oil is sent for recycling. Violations stemmed from improper secondary containment associated with a large tank (approximately 20,000 gallons) which was placed on the ground without dikes, berms, retaining walls or floor. This settlement obtains a cash penalty of $5,000 and a pollution prevention Supplemental Environmental Project (SEP) valued at $23,000, for a total settlement value of $28,000. The SEP is a project which places above-ground collection tanks for used oil at between 7 and 9 locations convenient to the Tennessee agricultural community. Respondent will collect the used oil and recycle it, and will produce and distribute educational materials in the agricultural community to inform farmers of the environmental impacts of improper storage and disposal of used oil, and the advantages of recycling. Respondent is coordinating with the Tennessee Farmers Cooperative and state and local farm agencies to facilitate this project. The farming community is under served by recyclers, as collection facilities are in metropolitan areas and not convenient for their use.
Tennessee - Drum Dumper Sentenced: On March 30, 2007, John Vernon Masterson was sentenced in the U.S. District Court for the Middle District of Tennessee to serve 15 months incarceration (including three months in a halfway house), three years of supervised release, and to pay $48,000 in restitution for the cleanup and disposal of hazardous waste. Masterson had previously pled guilty to a felony violation of RCRA for disposal of hazardous waste without a permit.
RCRA 2006
Georgia - EPA files Consent Agreement and Final Order settling RCRA violations against Aerosol Packaging: On December 26, 2006, EPA filed a Consent Agreement and Final Order (CAFO) in the matter of Aerosol Packaging, settling violations of RCRA Subtitle C. Aerosol Packaging is an aerosol product filling facility located in Canton. The CAFO contains facts alleging the following violations: deficient container labeling; deficient personnel training; deficient contingency plan; deficient container management; and deficient waste determination practices. No penalty was assessed in this case because Aerosol Packaging is currently operating under Chapter 11 of the U.S. Bankruptcy Code. The CAFO requires Aerosol Packaging to provide EPA with documentation showing that the facility is now in compliance with applicable RCRA regulations.
Mississippi - Men charged with RCRA Felonies: On December 20, 2006, a Grand Jury for the Northern District of Mississippi returned indictments against Randy Marshbanks and Robert Earl Hardin for the illegal disposal of hazardous waste at numerous sites in Como. Hardin and Marshbanks were indicted on 5 felony counts of violating RCRA. Hardin is the president of Mid-South Specialties, Incorporated, and Marshbanks was an employee of the company.
Mississippi - Man Indicted on Hazardous Waste Charges: On December 20, 2006, a Grand Jury for the Southern District of Mississippi returned a six-count indictment charging Dennis E. Pridemore, operator of Hydromex, Incorporated, for numerous violations of RCRA and for making false statements. The RCRA counts include illegal treatment, storage, and disposal of hazardous waste.Florida - EPA Region 4 Enters RCRA 3008(a) Consent Agreement and Final Order with the University of Florida: On December 6, 2006, Region 4 entered a RCRA 3008(a) Consent Agreement and Final Order (CAFO) with the University of Florida, at its location in Gainesville. This case was brought under the provisions of 40 Code of Federal Regulations Section 22.13(b) which allows for the matter to be simultaneously commenced and concluded by the issuance of a consent agreement and final order. In the CAFO it was alleged that the University had a number of violations in its chemistry laboratories. An underlying cause for some of the violations was a failure to ensure RCRA compliance when a laboratory was turned over from one researcher to another. As a result, the CAFO requires the University to develop a Standard Operating Procedure (SOP) for such situations, submit the SOP to EPA and the State and, in accordance with any comments made by EPA and/or the State, implement the SOP. The CAFO also requires the University to pay a $21,238 civil penalty.
North Carolina - Court Grants United States’ Motion For Default Judgment Against United Organics et al.: On May 17, 2006, the United States District Court, Eastern District of North Carolina, Eastern Division granted the United States’ Motion for Default Judgment. In its Order, the Court entered a default judgment for civil penalties against each defendant, United Organics and Malcolm Lieberman, for $16,379,500.00 each. In addition, the Court granted the injunctive relief requested in the United States’ Motion for Default, including requiring submissions by the defendants of a raw materials inventory and process description, facility diagrams, waste determinations, and waste disposal records. In addition, the Court ordered the defendants to perform hazardous waste determinations on hundreds of drums at the facility, and dispose of drums containing hazardous wastes within ninety days. Further, the Court ordered the defendants to submit a plan for sampling soil and groundwater at the facility, and to implement the plan once approved by EPA. Finally, the Court authorized the United States to return to the Court to “seek any additional needed relief related to soil or groundwater contamination.”
South Carolina - Region 4 Issues Consent Agreement and Final Order (CAFO) to Harrington Industries, Incorporated, to Resolve Violations of the Resource Conservation and Recovery Act (RCRA): On September 27, 2006, pursuant to Section 3008(a) of RCRA, EPA Region 4 issued a CAFO to Harrington Industries, Incorporated, to resolve its violations of RCRA. Harrington is the owner, and was the operator until April 2001, of an aircraft refurbishing facility located at the Aiken Municipal Airport. The previous operator was Legends Aircraft Refurbishing Company. During inspections at the facility in August 1998, and March 2002, EPA and the South Carolina Department of Health and Environmental Control discovered violations of RCRA and its implementing regulations. At the time of the inspections, Harrington and/or Legends had failed to make hazardous waste determinations, had failed to mark its containers with the words hazardous waste, had accumulated too much hazardous waste in its satellite accumulation area, had failed to keep its containers closed, and had failed to comply with a myriad of other RCRA hazardous waste management regulations. In addition, Harrington had been treating hazardous waste in its tank treatment system without a permit. The CAFO requires Harrington to pay a reduced penalty of $500, based on Harrington’s inability to pay a higher penalty, and to close its tank treatment system in accordance with RCRA regulations. EPA entered into a CAFO with Legends in January, 2006, to address its violations of RCRA as the operator of the facility. Legends has corrected all its violations.
Georgia - Region 4 Issues Consent Agreement and Final Order (CAFO) to Collins and Aikman, Incorporated, to Resolve Violations of the Resource Conservation and Recovery Act (RCRA): On September 27, 2006, pursuant to Section 3008(a) of RCRA, EPA Region 4 entered into a CAFO with Collins and Aikman, Incorporated, to resolve its violations of RCRA at its Americus facility. During inspections at the facility on November 30, 2005, and February 8, 2006, EPA discovered violations of RCRA and its implementing regulations. At the time of the inspections, Collins and Aikman had failed to make a correct hazardous waste determination on spent solvents generated from painting operations being performed at the facility. Subsequently, Collins and Aikman had failed to manage the spent solvents generated by the facility in a tank system which complied with the applicable statutory and regulatory hazardous waste management requirements of RCRA. The CAFO requires Collins and Aikman to come into and remain in compliance with Section 3005 of RCRA and 40 Code of Federal Regulations Part 265, Subparts J, BB and CC (tank requirements). As Collins & Aikman filed for bankruptcy on May 17, 2005, the CAFO does not assess a penalty.
Florida - EPA Region 4 Enters RCRA 3008(a) Consent Agreement and Final Order (CAFO) with P&C Thompson Brothers Construction Company, Incorporated: On September 15, 2006, Region 4 entered into a RCRA 3008(a) CAFO with P&C Thompson Brothers Construction Company, Incorporated (P&C Thompson). The CAFO settled a Complaint that Region 4 had issued to the company for violations of RCRA at its facility located in Leesburg. The Complaint alleged that P&C Thompson had failed to make hazardous waste determinations, had failed to notify EPA or the State of its hazardous waste activity and had failed to obtain an EPA Identification Number. Since the company has corrected all of its violations, the CAFO only provides for a civil penalty. Based upon a determination that the company had an inability to pay a penalty, the CAFO specifies the payment of a $100 civil penalty.
Tennessee - Drum Dumper Sentenced for Illegal Disposal: On September 12, 2006, David Beau Warren was sentenced in the U.S. District Court for the Western District of Tennessee to serve five months’ imprisonment, followed by five months of home confinement as part of two years of supervised release, plus a fine of $1,000. In May of this year, a jury convicted Warren of three felony violations of RCRA: a) disposal of hazardous waste without a permit; b) transportation of hazardous waste without a manifest; and c) transportation of hazardous waste to an unpermitted facility. Warren was a truck driver for WFL Tanks, LLC, a now-defunct propane tank painting company. Warren transported 22 drums of spent solvents, still bottoms, and paint wastes to a remote ravine and dumped them there. Ewell Cooper Haynes, Warren’s supervisor, had previously entered a guilty plea and was sentenced to pay a $2,000 fine and to serve six months of home confinement followed by two years of supervised release, based on his cooperation with the investigation.
Tennessee - Drum Dumper Pleads Guilty to Illegal Disposal: On September 11, 2006, John Vernon Masterson pled guilty in the U.S. District Court for the Middle District of Tennessee to a felony violation of RCRA for disposal of hazardous waste without a permit. EPA’s Criminal Investigation Division had traced the illegal disposal of 46 drums of hazardous paint waste abandoned at the Merritt Downs subdivision in Hermitage to Masterson. The defendant will be sentenced on December 11, 2006.
Georgia - EPA Enters into Consent Agreement and Final Order (CAFO) with Advanced Oil, Incorporated: On August 30, 2006, Region 4 issued a CAFO, settling violations of RCRA Section 3008(a) against Advanced Oil’s facility, located in Conley. The company is a used oil processor and marketer, and collects used oil from automobile service establishments. The CAFO simultaneously commences and concludes this matter. The violations cited are for failure to properly label nine used-oil tanks; failure to clean up a release of used-oil on the soil at the facility; and failure to file a biennial used-oil report for 2003. Respondent has agreed to pay a civil penalty of $11,074, and to certify that the facility is now in compliance with UST regulations.
Georgia - EPA Enters into Consent Agreement and Final Order CAFO with David I. Peterson, Incorporated: On August 21, 2006, Region 4 issued a CAFO, settling violations of RCRA Section 9006 against David I. Peterson, Incorporated, for Underground Storage Tank (UST) violations at three gas stations owned by the company in Arlington and in Leesburg. The CAFO simultaneously commences and concludes this matter. The violations cited are failure to provide overfill release prevention, failure to provide release detection for underground piping, and failure to maintain monthly release detection records. Respondent has agreed to pay a civil penalty of $30,000, and certify that the facilities are now in compliance with UST regulations.
North Carolina - Region 4 Files Consent Agreement and Final Order (CA/FO) with EQ Holdings Company, Incorporated, to Resolve Alleged Violations of RCRA 3008a(a): On June 12, 2006, Region 4 filed a CAFO resolving alleged violations of Section 3008(a)of the Resource Conservation and Recovery Act, and 40 Code of Federal Regulations Section 262.56(a) which requires exporters of hazardous waste to file an annual report correctly listing the total amount of hazardous waste exported each year. Region 4 alleged that EQ, a waste management services, storage and transportation company, and a primary exporter of hazardous waste, failed, in its 2004 Annual Report, to account for any of the108,650 pounds of hazardous waste it exported, to Stablex Canada, Incorporated, in Blainville, Canada, from its facility in Apex. Respondents agreed to settle the matter for a penalty of $7,500, using the quick resolution provisions of 40 Code of Federal Regulations Section 22.18(b).
Tennessee - Sales Manager Sentenced for Illegal Disposal: On May 31, 2006, E. Cooper Haynes was sentenced in the Western District of Tennessee to pay a $2,000 fine and to serve six months home detention, followed by two years of probation. He was a sales manager for WFL Tanks, LLC, and a defunct propane tank painting company in Brownsville. Previously, he pled guilty to violating RCRA based on his role in causing a company employee to illegally dispose of 22 drums of spent solvents, still bottoms, and paint wastes. Haynes agreed to cooperate in the prosecution of David Beau Warren, the employee who transported and disposed of the drums. Warren was recently tried and convicted on three counts of violating RCRA, and will be sentenced in August 2006.
Tennessee - Sales Manager Sentenced for Illegal Disposal: On May 31, 2006, E. Cooper Haynes, a former sales manager for WFL Tanks, LLC, was sentenced in the Western District of Tennessee to pay a $2,000 fine and to serve 6 months home detention, followed by 2 years of probation. He worked for WFL Tanks, LLC, and a defunct propane tank painting company in Brownsville. Haynes previously pled guilty to violating RCRA based on his role in causing a company employee to illegally dispose of 22 drums of spent solvents, still bottoms, and paint wastes. Haynes agreed to cooperate in the prosecution of David Beau Warren, the employee who transported and disposed of the drums. Warren was recently tried and convicted on 3 counts of violating RCRA, and will be sentenced in August 2006.
North Carolina - Court Grants United States ' Motion for Default Judgment Against United Organics et al. : On May 17, 2006, the United States District Court, Eastern District of North Carolina, Eastern Division granted the United States ' Motion for Default Judgment in United States v. United Organics Corporation, and Lieberman. In its Order, the Court entered a default judgment for civil penalties against each defendant, United Organics and Malcolm Lieberman, for $16,379,500 each. In addition, the Court granted the injunctive relief requested in the United States' Motion for Default, including requiring submissions by the defendants of a raw materials inventory and process description, facility diagrams, waste determinations, and waste disposal records. Also, the Court ordered the defendants to perform hazardous waste determinations on hundreds of drums at the facility, and dispose of drums containing hazardous wastes within 90 days. Further, the Court ordered the defendants to submit a plan for sampling soil and groundwater at the facility, and to implement the plan once approved by EPA. Finally, the Court authorized the United States to return to the Court to "seek any additional needed relief related to soil or groundwater contamination."
North Carolina - United States Files Motion for Default Judgment against United Organics et al. : On April 10, 2006, the United States filed a Motion for Default Judgment and accompanying Memorandum In Support Of Motion for Default Judgment in the United States v. United Organics Corporation, and Lieberman , in the United States District Court, Eastern District of North Carolina, and Eastern Division. In its Motion, the United States seeks the assessment of penalties and injunctive relief pursuant to Section 3008a of the Resource Conservation and Recovery Act (RCRA) due to the defendants' noncompliance with statutory and regulatory hazardous waste management requirements. The United States also seeks the assessment of penalties and injunctive relief pursuant to Section 3013 of RCRA, as neither defendant has complied with a RCRA Section 3013 Order issued on July 29, 2003. On July 13, 2005, the United States filed a Complaint in this matter. Due to complications in serving the complaint on the defendants, the defendants' answers were not due until November 11, 2005 . Neither party filed or served an answer to the complaint. On December 7, 2005 , the United States filed a Motion for Default. Given the defendants' failure to respond to the complaint, on December 29, 2005, the Clerk entered default.
Alabama - Region 4 Files A Consent Decree in a RCRA Enforcement Action against Northrop Grumman Corporation (NGC): On March 8, 2006, a Consent Decree was filed in United States of America and State of Alabama Department of Environmental Management v. Northrop Grumman Systems Corporation settling a RCRA enforcement action against NGC for violations at 2 of its facilities in Alabama: the Grumman BAT facility and the Grumman Longbow facility. The Consent Decree lists a total of ten violations, requires the payment of a civil penalty in the amount of $83,049, and requires NGC to certify it has come into compliance. The violations include failure to make a proper hazardous waste determination on one drum that led to a manifest violation and the illegal transportation and storage of hazardous waste. The Alabama Department of Environmental Protection (ADEM) is a co-plaintiff and the Consent Decree apportions half of the civil penalty to ADEM.
Georgia - EPA Region 4 Files Consent Agreement and Final Order (CAFO)With Environmental Quality Industrial Services to Resolve Alleged Violations of the Resource Conservation and Recovery Act (RCRA ) : On February 6, 2006, Region 4 filed a CAFO with Environmental Quality Industrial Services (EQIS) of Atlanta to resolve alleged RCRA violations. The alleged violations relate to the EQIS solid and hazardous waste transfer facility located in Atlanta. In the CAFO, EPA alleges that EQIS failed to timely obtain an EPA identification number for its transfer facility, and that it improperly stored a drum of hazardous waste at the facility. As part of the settlement agreement, EQIS agreed to pay a penalty of $5,000 and properly dispose of the drum that EPA alleged to contain hazardous waste.
South Carolina - Region 4 Issues Consent Agreement and Final Order (CAFO) to Legends Aircraft Refurbishing Company to Resolve Violations of the Resource Conservation and Recovery Act (RCRA ) : On January 18, 2006, pursuant to Section 3008(a) of RCRA, Region 4 issued a CAFO to Legends Aircraft Refurbishing Company (Legends) to resolve its RCRA violations. Legends has been leasing from the owner, and operating, an aircraft refurbishing facility located at 10 Forward Court, Aiken Municipal Airport, Aiken, since April 2001. During an inspection at the facility in March 2002, EPA and the South Carolina Department of Health and Environmental Control discovered violations of RCRA and its implementing regulations. At the time of the inspection, Legends had failed to make hazardous waste determinations, had failed to mark its containers with the words hazardous waste, had accumulated too much hazardous waste in its satellite accumulation area, and had failed to keep its containers closed. Legends has corrected these violations. The CAFO requires Legends to pay a reduced penalty of $11,000, based on Legends' inability to pay a higher penalty, and to continue to remain in compliance with RCRA.
Georgia - EPA Enters into Consent Agreement and Final Order ( CAFO) with McIntosh County Board of Commissioners: On January 13, 2006, EPA Region 4 issued a CAFO, settling violations of RCRA Section 9006 against the McIntosh County Board of Commissioners (Respondent) for underground storage tank (UST) violations at the McIntosh County Law Enforcement Center, in Darien. The CAFO simultaneously commences and concludes this matter. The violations cited are Respondent's failure to register one UST, and failure to provide release detection for the tank, and the associated piping. The McIntosh County Board of Commissioners has agreed to pay a civil penalty of $5,000 and certify that the facility is now in compliance with UST regulations.
RCRA 2005
South Carolina - Region 4 Enters into RCRA 3008(a) Consent Agreement and Final Order (CAFO) with Respondent, Mitsubishi Polyester Film, LLC: On September 28, 2005, Region 4 filed a RCRA 3008(a) CAFO with Respondent, Mitsubishi Polyester Film, LLC, for violations of RCRA financial assurance requirements. This CAFO, issued prior to filing a compliant, in accordance with 40 Code of Federal Regulations Section 22.13(b), resolved violations of RCRA financial assurance requirements. It is one of the first filed under EPA's national financial assurance initiative. The violations, discovered during an April 12, 2005, inspection, included: 1) Failure to submit adequate, updated financial assurance and 2) Failure to provide timely alternate financial assurance. The facility, located in Greer, is completing RCRA post closure care under its permit and will pay a penalty of $31,195.
South Carolina - Region 4 Enters into RCRA 3008(a) Consent Agreement and Final Order with Celanese Acetate, Incorporated (Respondent): On September 27, 2005, Region 4 filed a RCRA 3008(a) CAFO with the Respondent. The CAFO, issued prior to filing a compliant, in accordance with 40 Code of Federal Regulations Section 22.13(b), resolved violations of the RCRA financial assurance requirements. These violations, discovered during an April 12, 2005 , inspection, included the following: 1) Failure to submit adequate updated financial assurance, 2) Failure of its corporate guarantor to meet financial test requirements and 3) Failure to provide timely alternate financial assurance. The facility, located in Rock Hill, is completing RCRA post closure care under its permit and will pay a penalty of $50,249. This CAFO is one of the first filed under EPA's national financial assurance initiative.
Florida - Region 4 Files RCRA Section 3008(A) Administrative Consent Agreement and Final Order (Combination Settlement and Complaint) in the Matter of E.G. Pump and Controls, Incorporated (E.G. Controls): On September 20, 2005, Region 4 filed a combination settlement The facility, located in Jacksonville generates brushes, tools, and ultrasonic bath wastewater during the repair and refurbishing of manometers. The wastewater has historically been disposed in a septic tank without making a hazardous waste determination in violation of 40 C.F.R. § 262.11. The main concern is mercury in the wastewater. Due to Respondent's documentation of inability to pay, the case was settled for a civil penalty in the amount of $2,700. In addition, the facility will no longer generate a wastewater that may contain mercury; will close the septic tank; sample the surrounding soil and groundwater; and remediate all contamination that is above regulatory limits.
Georgia - EPA Region 4 Enters Into Consent Agreement and Final Order with S.H. Livingston and Associates, Incorporated, (d.b.a East Point Foundry), for RCRA Violations: On August 1, 2005, Region 4 filed an executed Consent Agreement and Final Order (CAFO) with East Point Foundry, for violations of RCRA regulations. This company manufactures brass, bronze and aluminum castings at its facility in East Point, Georgia. This case was brought under the provisions of 40 Code of Federal Regulations Section 22.13(b) which allows for the matter to be simultaneously commenced and concluded by the issuance of a CAFO. This CAFO alleged that the company had operated a hazardous waste storage and disposal facility without a permit in violation of Section 3005 of RCRA. The CAFO provides for a civil penalty of $500 and requires the company to undertake assessment of the site to determine if there are contaminated areas and if so, to take corrective action.
Florida - Region 4 Files RCRA Section 3008(A) Administrative Complaint and Compliance Order (Complaint) in the matter of Raymond Zhiren, et. al.: On July 29, 2005, RCRA Section 3008(A) Administrative Complaint and Compliance Order (Complaint) was filed in the matter of Raymond Zhiren, et. al. The facility’s operations in Jacksonville, Florida, include refinishing brass, silver, copper, and aluminum pieces to remove lacquer coating. As a result of its operations it generates certain hazardous wastes. An inspection by the Florida Department of Environmental Protection (FDEP) on June 26, 2003, found several violations of RCRA. The complaint alleges RCRA violations consistent with the FDEP inspection findings. The violations alleged are for failure to make a hazardous waste determination; failure to notify as a treatment and disposal facility; creation of a hazardous waste landfill without a permit or interim status; and disposing of hazardous waste in a landfill without meeting Land Disposal Restrictions. The complaint proposes a civil penalty up to the statutory maximum and orders the Respondents to submit a RCRA Closure Plan and implement the Closure Plan once approved by Region 4.
Tennesee - Norman C. Mayes appeals Environmental Appeals Board's (EAB) Final Decision: On May 27, 2005, Norman C. Mayes filed a Notice of Appeal of the Environmental Appeals Board's Final Decision regarding his RCRA Section 6991 et seq ., Underground Storage Tank (UST), violations. The Final Decision found Mr. Mayes violated RCRA Section 9006(d), by failing to: (1) register two USTs on his property; (2) install and monitor release detection mechanisms on three USTs on his property; and (3) upgrade or permanently close three USTs on his property. The EAB assessed an administrative penalty of $66,301 against Mr. Mayes for these violations. Mr. Mayes' Notice of Appeal consists of a standardized form only, with no attached brief, and has been filed with the U.S. Court of Appeals for the District of Columbia. Department of Justice and Region 4 have been served. The parties await an order from the court containing a briefing schedule.
Florida - EPA Region 4 Files a Second Complaint and Compliance Order Pursuant to RCRA 3008(a) and (c) against Damalos and Sons Incorporated John Damalos, Anthony Damalos, and the John P Damalos Trust, PT: On May 25, 2005, Region 4 filed its second RCRA § 3008(a) Complaint and Compliance Order against Damalos and Sons, Incorporated (D&S), John Damalos, Anthony Damalos, and the John P. Damalos Trust, PT, for violations of the corrective action requirements of a June 18, 2004, RCRA Consent Agreement and Final Order (CAFO). The June 18, 2004, CAFO settled an initial Compliant and Compliance Order issued to respondents on September 9, 2003. The Complaint alleged, along with other RCRA management violations, that Respondents illegally disposed of hazardous waste from their bridge painting and cleaning operations in a surface impoundment at their facility in Tarpon Springs. In the June 18, 2004, CAFO, respondents agreed to payment of a civil penalty and injunctive relief including submitting a Closure and contingent Post-Closure Plan to Region 4 and completion of any corrective action required for the illegal surface impoundment. Despite three Notice Of Violation letters invoking stipulated penalties and numerous attempts to communicate with Respondents, they failed to comply with any of the injunctive relief agreed to in the CAFO. Pursuant to RCRA 3008 (a) and (c), the May 25, 2005 Complaint orders respondents to immediately begin the agreed upon corrective action and assesses penalties of up to $32,500, per day for each day of noncompliance with the CAFO.
Florida - Region 4 Enters two RCRA 3008(a) Consent Agreement and Final Orders (CAFOs) with Respondents Florida Aircraft Painting Incorporated; Florida Aero Paint Incorporated; Palm Beach County, Florida; Ildefonso Gomez, and Richard E. Pena: On May 12, 2005, Region 4 filed two RCRA 3008(a) CAFOs with Respondents Florida Aircraft Painting Incorporated; Florida Aero Paint Incorporated Palm Beach County; Ildefonso Gomez, and Richard E. Pena, for violations of RCRA regulations at their facility in Lantana. On September 21, 2004, EPA issued a Complaint and Compliance Order to the above named Respondents who own and/or operate an aircraft cleaning and repainting facility located at the Palm Beach County Airport. The Complaint alleged, along with other RCRA management violations, that Respondents had illegally disposed of hazardous waste at their aircraft repainting facility. Respondents signed two separate CAFOs. The first, signed by Respondent Richard E. Pena alone, calls for a penalty of $300: on July 7, 2004, Richard E. Pena, was granted a "Discharge of Debtor," by The United States Bankruptcy Court for the Southern District of Florida, and the settlement was based on an inability to pay analysis. The second CAFO, signed by remaining Respondents Florida Aircraft Painting Incorporated; Florida Aero Paint Incorporated; Palm Beach County, Florida; and Ildefonso Gomez, requires Respondents to pay a $30,000 penalty, evaluate the nature and extent of contamination at the facility, and perform any RCRA closure and post closure care required.
Georgia - Parties Sentenced in Bartow County Bird Kill: On March 25, 2005, former congressional candidate Roger Kahn, his employee, Mike Bramlett, and Kahn Cattle Company, LLC, were sentenced in Federal District Court in Rome for killing more than 3,300 birds on Kahn's farm two years ago. The Court sentenced the individual defendants to each serve 60 days of home confinement, one year of probation, pay $15,000 fines and perform 160 hours of community service for violations of the federal Migratory Bird Treaty Act. The company, which had pleaded guilty to a felony violation of RCRA, paid a fine of $170,000 plus restitution costs of $97,284 for the costs of an EPA-led cleanup and investigations by EPA, the U.S. Fish and Wildlife Service, and Georgia Department of Natural Resources.
Florida - Administrative Orders on Consent under Section 3013 of RCRA for the U.S. Agri-Chemicals Corporation (USAC) Fort Meade and Bartow, Florida Facilities: On March 30, 2005, Administrative Orders on Consent under Section 3013 of RCRA for the U.S. Agri-Chemicals Corporation (USAC) facilities in Bartow and Fort Meade were mutually agreed upon by representatives of USAC and EPA. These Orders require sampling and other information with a focus on process waste streams, potential releases from the Gyp stacks and cooling ponds, and potential human and environmental receptors. EPA will oversee sampling events performed at the Facilities.
RIVERS and HARBORS ACT 2006
Tennessee - Corporation Sentenced for Rivers and Harbors Act Violation: On December 20, 2006, Duratek Federal Services, Incorporated (“Duratek”) was sentenced in the U.S. District Court for the Eastern District of Tennessee to pay a fine and make restitution for a violation of the Rivers and Harbors Act, 33 U.S.C. §§ 407, 411. Duratek had previously entered a guilty plea to information charging the company with a misdemeanor violation of the Rivers and Harbors Act following the release of wastewater containing radionuclides from a settling pond into a tributary of Bear Creek. Duratek is a subcontractor providing waste management services at the Oak Ridge National Laboratory, a DOE facility. The company was sentenced to pay a $10,000 criminal fine and to make restitution to the following agencies in the following amounts: $240,000 to the Radiation Reclamation Trust Fund; $20,000 to the TVA Police Criminal Investigation Division; $20,000 to the Southern Environmental Enforcement Network; $5,000 to the Economic Crimes Fund, Anderson County District Attorney's Office; and $5,000 to the Economic Crimes Fund, Roanne County District Attorney's Office. The court did not impose probation on the corporation.
SDWA 2006
(Learn more)Kentucky - Region 4 Signs Consent Agreement and Final Order (CAFO) with K.B. Oil Company, Incorporated: On August 2, 2006, Region 4 issued a CAFO to K. B. Oil Company for violations of the Safe Drinking Water Act. The corporation is the owner/operator of a rule-authorized underground injection well located in Madisonville, Kentucky. K. B. Oil Co. failed to demonstrate the mechanical integrity of the well at least once every five years as required by the underground injection control regulations. Under the terms of the CAFO, the company has 90 days to demonstrate the mechanical integrity of the well or plug it. Also, the CAFO requires that K.B. Oil Company pays a penalty in the amount of $3,938.
Kentucky - Region 4 Signs 3 Consent Agreements and Final Orders (CAFOs) with Matthew Allen: On August 2, 2006, Region 4 issued 3 CAFOs to Matthew Allen for violations of the Safe Drinking Water Act. This individual is the owner/operator of ten underground injection wells located in Henderson. All of the wells failed mechanical integrity testing and Allen did not remediate and retest or plug the wells as required by the underground injection control regulations. Under the terms of the CAFOs, he has 8 months to demonstrate the mechanical integrity of his wells or plug them. Each of the CAFOs also requires that Allen pay penalties, which total $2500.
Kentucky - Region 4 Signs Consent Agreement and Final Order (CAFO) with Duncan Oil Company: On August 2, 2006, Region 4 issued a CAFO to Duncan Oil Company for violations of the Safe Drinking Water Act. The corporation is the owner and operator of a permitted underground injection well. Duncan Oil Company failed to demonstrate the mechanical integrity of the well at least once every five years as required by its permit and the underground injection control regulations. Under the terms of the CAFO, the company has 60 days to demonstrate the mechanical integrity of the well or plug it. The CAFO also requires that Duncan Oil pay a penalty in the amount of $2,303.
Kentucky - Region 4 Signs Consent Agreement and Final Order (CAFO) with Keaco, Incorporated: On February 8, 2006, Region 4 issued a CAFO to Keaco, Incorporated, for violations of the Safe Drinking Water Act. This company, doing business in Kentucky, owns a permitted injection well which had not been tested for mechanical integrity since 1996. Following a show cause meeting, Keaco properly demonstrated the mechanical integrity of its well in June 2005. The company will pay a civil penalty of $4,000 within 45 days of its receipt of the CAFO.
Kentucky - Region 4 Issues AOC to Withrow Well Plugging: On January 9, 2006, Region 4 issued a Safe Drinking Water Act, Administrative Order on Consent to Withrow Well Plugging, a business located and operating in Utica. Withrow had failed to demonstrate the mechanical integrity of a temporarily abandoned Class II underground injection well. The company has expressed its intention to plug and abandon the well. Under the terms of the Order, Withrow must demonstrate both the internal and external mechanical integrity of the well or plug and abandon it within 90 days.
SDWA 2005
Kentucky - Region 4 Signs Six Consent Agreements with Geigo Corporation: On September 27, 2005, Region 4 entered into six Consent Agreement and Final Orders (CAFOs) with Geigo Corporation to resolve Safe Drinking Water Act violations at its seven underground injection wells located near Morganfield. The rule-authorized wells had not been tested for mechanical integrity in over five years. Pursuant to the CAFO, Geigo has 30 days in which to demonstrate mechanical integrity or plug the wells.
Kentucky - Region 4 Signs Three Consent Agreements and Final Orders with Tom and Jerry Oil Company: In July 2005, Region 4 signed three Consent Agreements and Final Orders (CAFOs) with the Illinois company to settle violations of the Safe Drinking Water Act at three injection wells located in western Kentucky. The wells had failed mechanical integrity testing in the spring of 2004 and the company sold the wells without remediating them. The purchaser agreed to plug the wells pursuant to administrative orders on consent. Tom and Jerry Oil Company will pay a total penalty of $6,078 ($2,026 under each CAFO) for the violations.
Kentucky - Region 4 Signs Two Consent Agreements with Catalina Oil Company: On May 26, 2005, EPA entered into two Consent Agreements and Final Orders (CAFOs) with Catalina to resolve Safe Drinking Water Act violations at its Philpot facilities. Under the terms of the CAFOs, Catalina will pay total penalties of $5000 and demonstrate the mechanical integrity of or plug and abandon the wells. Region 4 initiated these enforcement actions in July 2004 by issuing Notices of Violation to Catalina Oil Company for its failure to demonstrate the mechanical integrity of and submit monitoring information for three enhanced recovery injection wells.
Tennessee - Drinking Water Plant Operator Sentenced for False Statements: On May 23, 2005, Danny Hurd was sentenced to three years of probation and 100 hours of community service in the U.S. District Court for the Eastern District of Tennessee for violations of the False Statements Act, 18 United States Code Section 1001. Hurd was responsible for submitting Monthly Operating Reports for the First Utility District of Hawkins County to the state of Tennessee. Hurd previously pleaded guilty to submitting false statements in connection with these reports. Hurd also agreed to give up his operator's license. He was not fined, because of a demonstrated inability to pay a fine.
Kentucky - Region 4 Signs Three SDWA Administrative Consent Orders with Darry Cain: Region 4 initiated Safe Drinking Water Act enforcement actions against Tom and Jerry Oil Company in Fall 2004 by issuing Notices of Violation for its failure to demonstrate the mechanical integrity of three enhanced recovery injection wells. During the show cause meeting with Tom and Jerry Oil, the company informed EPA that the wells, located in Owensboro had been tested for mechanical integrity in Spring 2004 and had failed. Tom and Jerry Oil then sold the wells to Darry Cain without remediating them. EPA entered into Consent Agreements and Final Orders with Tom and Jerry Oil to collect penalties for the violations. Darry Cain agreed to plug the three wells, resulting in the issuance of these three Administrative Orders on Consent.
Kentucky - Region 4 Signs a Consent Agreement and Final Order with Inklebarger Drilling: On April 7, 2005, EPA entered into a Consent Agreement and Final Order (CAFO) with Inklebarger to resolve Safe Drinking Water Act violations at its Owensboro facility. Under the terms of the CAFO, Inklebarger will pay a penalty of $2,220 and plug and abandon the well. Region 4 initiated this enforcement action in August 2004 by issuing a Notice of Violation to Inklebarger Drilling for its failure to demonstrate the mechanical integrity of and submit monitoring information for an enhanced recovery injection well.
Kentucky - Region 4 Signs a Consent Agreement and Final Order with William B. Renfro: On April 7, 2005, EPA signed a Consent Agreement and Final Order (CAFO) with Mr. Renfro to resolve violations at his Burkerville facility. Since Renfro plugged his injection well in November 2004, the CAFO requires only that he pay a penalty of $2,000. Region 4 initiated this enforcement action in November 2004, by issuing a Notice of Violation to Mr. William B. Renfro for his failure to demonstrate the mechanical integrity of and submit monitoring information for an enhanced recovery injection well.
TSCA 2007
(Learn more)Alabama - Region 4 Files Consent Agreement and Final Order (CAFO) Resolving TSCA Lead Paint Hazard Notice Violations: On September 20, 2007, a CAFO was filed with the Regional Hearing Clerk assessing a fine of $11,000 against Susan Whitman of Dothan for failing to provide home buyers with information about lead-based paint hazards prior to entering into sales contracts as required by TSCA.
North Carolina - Region 4 Files Consent Agreement and Final Order (CAFO) Resolving TSCA Lead Paint Hazard Notice Violations: On September 20, 2007, a CAFO was filed with the Regional Hearing Clerk assessing a $7,221 fine against Old Hickory Properties, Incorporated, d/b/a ReMax Savannah for failing to provide home buyers with information about lead-based paint hazards prior to entering into sales contracts as required by TSCA.
North Carolina – Region 4 Files Consent Agreement and Final Order (CAFO) Resolving TSCA Violations of Export Notice and Inventory Update Rule: On September 20, 2007, Region 4 filed a CAFO with the Regional Hearing Clerk assessing a civil penalty of $180,000 to resolve TSCA violations by a Boehme Filatex, Incorporated, facility in Reidsville. An EPA inspection revealed that Boehme Filatex exported chemicals subject to Export Notice requirements without filing the proper notice. Also, the company failed to submit 2002 reports for 26 chemicals.
Georgia - Region 4 Files Consent Agreement and Final Order (CAFO) In PCB Disposal Rule Case: On September 12, 2007, a Consent Agreement and Final Order was filed with the Regional Hearing Clerk assessing a penalty of $6,320 against Carter’s Royal Dispos-All and Scrap Metal of Toccoa. This was for violations of TSCA regulations regarding storage, inspection, transport, and disposal of PCB transformers.
Florida - Region 4 Files Consent Agreement and Final Order (CAFO) with Lessor (Ms. D. Janes Jones for Ridge Manor Apartments) to Resolve Alleged Violations of TSCA Requirement to Provide Notice to Potential Lessees Regarding Possible Lead-Based Paint Hazards: On August 21, 2007, a CAFO was filed with Ridge Manor Apartments, (Respondent), located in Sarasota. EPA alleged that the Respondent failed to carry out all disclosure activities required by the Disclosure Rule before contracts to lease target housing were signed. The Respondent agreed to pay a penalty of $3,610.60 for alleged violations of TSCA Section 409.
Florida - Region 4 Files Consent Agreement and Final Order (CAFO) with Lessor (Mr. Barry Bumgarner for Carolina Square Apartments) to Resolve Alleged Violations of TSCA Requirements to Provide Notice to Potential Lessees Regarding Possible Lead-Based Paint Hazards: On August 20, 2007, a CAFO was filed with Carolina Square Apartments, (Respondent), located in Tallahassee. EPA alleged that the Respondent failed to carry out all disclosure activities required by the Disclosure Rule before contracts to lease target housing were signed. The Respondent agreed to pay a penalty of $11,000 for alleged violations of TSCA Section 409.Florida - Region 4 Files Consent Agreements and Final Order (CAFO) with Lessor (Mr. Juan Martinez for Clear Lake Palms) to Resolve Alleged Violations of TSCA Requirements to Provide Notice to Potential Lessees Regarding Possible Lead-Based Paint Hazards: On August 14, 2007, a CAFO was filed with Clear Lake Palms, (Respondent), located in West Palm Beach. EPA alleged that the Respondent failed to carry out all disclosure activities required by the Disclosure Rule before contracts to lease target housing were signed. The Respondent agreed to pay a penalty of $3,598 for alleged violations of TSCA Section 409.
Georgia - Region 4 Files Consent Agreements and Final Order (CAFO) with Lessor (Mr. Ira Tindall for Remax Masters, Incorporated) to Resolve Alleged Violations of TSCA Requirements to Provide Notice to Potential Lessees Regarding Possible Lead-Based Paint Hazards: On August 13, 2007, a CAFO was filed with Remax Masters, (Respondent), located in Evans. EPA alleged that the Respondent failed to carry out all disclosure activities required by the Disclosure Rule before contracts to lease target housing were signed. The Respondent agreed to pay a penalty of $3,610.60 for alleged violations of TSCA Section 409.
Alabama - Alleged Violation of TSCA’s Rule Regarding Disposal of Polychlorinated Biphenyls (PCBs): On August 2, 2007, a Consent Agreement and Final Order was filed with Johnson Textiles (Respondent) of Valley. During an April 26, 2007, inspection of the Respondent’s Shawmut facility, EPA found marked PCBs Capacitors, two of which were disconnected and were stored for disposal beyond the one year limit prescribed in 40 Code of Federal Regulations Section 761.65(a)(1). The Respondent agreed to pay a penalty of $1,290.
Georgia - Region 4 Files Consent Agreement and Final Order (CAFO) with Lessor (Mr. Matthew Crupi for AGL Properties, Limited Liability Company) to Resolve Alleged Violations of TSCA Requirement to Provide Notice to Potential Lessees Regarding Possible Lead-Based Paint Hazards: On July 26, 2007, a CAFO filed with AGL Properties (Respondent) of Lookout Mountain. Mr. Matthew Crupi agreed to pay a penalty of $7,196 for alleged violations of TSCA Section 409. The Respondent failed to provide lessees with the required informational pamphlets regarding possible lead-based paint hazards prior to entering into contracts for leased housing, and failed also to include in each contract required statements and disclosure and disclaimer language regarding lead-based paint hazards, as required by 40 Code of Federal Regulations Sections 745.107(a)(1), and 745.113(b)(1) and (2), respectively.
Tennessee - Region 4 Files Consent Agreement and Final Order (CAFO) with Lessor (Mr. Ralph Mathews for Mary Mathews Realty) to Resolve Alleged Violations of TSCA Requirements to Provide Notice to Potential Lessees Regarding Possible Lead-Based Paint Hazards: On July 26, 2007, a CAFO was filed with Mary Mathews Realty, (Respondent), of Chattanooga. Mr. Ralph Mathews agreed to pay a penalty of $11,000 for alleged violations of TSCA Section 409. The Respondent failed to provide lessees with the required informational pamphlets regarding possible lead-based paint hazards prior to entering into contracts for leased housing, and failed also to include in each contract required statements and disclosure and disclaimer language regarding lead-based paint hazards, as required by 40 Code of Federal Regulations Sections 745.107(a)(1), and 745.113(b)(1) and (2), respectively.
Tennessee - Region 4 Files Consent Agreements and Final Orders (CAFO) with Lessors (Mr. Don Loftis and Mr. Ron Johnson for Montclair Apartments) to Resolve Alleged Violations of TSCA Requirements to Provide Notice to Potential Lessees Regarding Possible Lead-Based Paint Hazards: On July 26, 2007, a CAFO was filed with Montclair Apartments (Respondent) of Chattanooga. Mr. Don Loftis and Mr. Ron Johnson agreed to pay a penalty of $3,610.60 for alleged violations of TSCA Section 409. The Respondent failed to provide lessees with the required informational pamphlets regarding possible lead-based paint hazards prior to entering into contracts for leased housing, and failed also to include in each contract required statements and disclosure and disclaimer language regarding lead-based paint hazards, as required by 40 Code of Federal Regulations Sections 745.107(a)(1), and 745.113(b)(1) and (2), respectively.
Kentucky - Region 4 Filed Consent Agreement and Final Order (CAFO) with Illinois Tool Works and Signode Division (Respondent) to Resolve TSCA Violations: On July 17, 2007, a CAFO between EPA and the Respondent was filed with the regional hearing clerk. Pursuant to the CAFO, the Respondent will pay a penalty of $14,249 to resolve violations of TSCA. The CAFO alleges that Respondent failed to register and maintain records for a Polychlorinated Biphenyl (PCB) transformer in violation of Section 15 of TSCA and the implementing regulations set forth at 40 Code of Federal Regulations Part 761. Respondent owns a business located in Florence.
South Carolina - Region 4 files Consent Agreement and Final Order (CAFO) with Russell and Jeffcoat Realtors, Incorporated, (Respondent) to Resolve TSCA Violations: On June 28, 2007, a CAFO between EPA and the Respondent was filed with the regional hearing clerk. Pursuant to the CAFO, the Respondent will pay a penalty of $3,611 to resolve violations of TSCA. The CAFO alleges that the Respondent failed to provide required information concerning lead hazard in its contract to lease residential target housing, including a statement disclosing the presence of known lead-based paint and lead based paint hazard and an EPA-approved lead hazard information pamphlet, in violation of Section 409 of TSCA, and the regulations set forth at 40 Code of Federal Regulations Part 745.103. Respondent is a lessor of residential housing in Columbia.
Florida - Region 4 files Consent Agreement and Final Order (CAFO) with Bell Performance, Incorporated, (Respondent) to Resolve TSCA Violations: On June 27, 2007, a CAFO between EPA and the Respondent was filed with the regional hearing clerk. Pursuant to the CAFO, the Respondent will pay a penalty of $13,153 to resolve violations of TSCA. The CAFO alleges that Respondent failed to submit an Export Notice to the EPA for a chemical substance or mixture for which a submission of data was required pursuant to Section 12(b) of TSCA. Respondent owns and operates a chemical processing and distribution business located in Longwood.
North Carolina - Region 4 files Consent Agreement and Final Order (CAFO) with CHT R. Beitlich Corporation (Respondent) to Resolve TSCA Violations: On June 27, 2007, a CAFO between EPA and the Respondent was filed with the regional hearing clerk. Pursuant to the CAFO, the Respondent will pay a penalty of $6,576 to resolve violations of TSCA. The CAFO alleges that Respondent failed to submit an Export Notice to the EPA for a chemical substance or mixture for which a submission of data was required pursuant to Section 12(b) of TSCA. Respondent owns and operates a chemical manufacturing business located in Charlotte.Georgia - Region 4 files Consent Agreement and Final Order (CAFO) with Georgian Place Apartments (Respondent) to Resolve TSCA Violations: On June 21, 2007, a CAFO between EPA and the Respondent of Augusta was filed with the regional hearing clerk. Under the CAFO the Respondent will pay a penalty of $3,610 to resolve violations of TSCA Section 409 and its implementing regulations which require residential landlords to disclose whether lead based paint hazards are present in the leased housing.
TSCA 2006
Alabama - Contractors Sentenced for Fraudulent Asbestos and Lead Abatement: On December 6, 2006, Judge Kristi Dubose of the Southern District of Alabama sentenced Michael Thomas Burge and Jonathan Valle for submitting false certifications that employees of Gulf Services, Incorporated, were trained to remove lead and asbestos in connection with projects performed by the corporation at Eglin Air Force Base. The Judge also fined Gulf Services $96,450 and placed it on probation for five years.
Georgia - EPA Region 4 Files Consent Agreement and Final Order with Harrington Realty and Associates: On September 19, 2006, EPA Region 4 filed a Consent Agreement and Final Order (CAFO) with Harrington Realty and Associates of Rome resolving alleged violations of the Toxic Substances Control Act (TSCA). The specific allegations involve failure of the lessor (Harrington) to inform lessees of the “Lead Warning Statement,” and other similar lead-paint related notifications that are required by TSCA’s implementing regulations. As part of the settlement, Harrington agreed to pay a penalty of $11,000.
Florida - Region 4 Issues Approval for Sinking ex-Oriskany Navy Ship as Artificial Reef off Florida Coast: On February 15, 2006, Region 4 issued its final Approval to the Navy and Florida Fish and Wildlife Conservation Commission for disposing of PCB bulk product waste incidental to the sinking of the ex-Oriskany for use as an artificial reef off the coast of Florida, near Pensacola. The Approval contains PCB disposal restrictions and requires the development of a compliance monitoring program within 30 days of EPA's Approval. This Approval was issued under TSCA section 6(e) and EPA's PCB regulations at 40 Code of Federal Regulations Section 761.62(c). The Navy intends to sink the ship in June 2006.
TSCA 2005
Kentucky - Settlement Agreement Finalized Between United States and Morton International, Incorported, Pursuant to Consent Decree National Audit Program: On December 15, 2005, Morton International, Incorporated, executed a Settlement Agreement resolving Morton's liability to the United States with regard to the national audit provisions of the January 17, 2001, Consent Decree and Morton's alleged violations of TSCA and FIFRA. The Settlement Agreement requires Morton to pay a penalty of $900,000, and requires Morton to separately negotiate a resolution of issues identified by the commonwealth of Kentucky concerning Morton's Melbourne facility pursuant to Kentucky law. On December 19, 2005, Morton made its $900,000 payment required by the Settlement Agreement. Pursuant to Section VI.B of the January 17, 2001, Consent Decree, Morton was required to retain an independent third-party auditor to conduct environmental compliance audits at each of the facilities identified in Attachment F to the Consent Decree. Following entry of the Consent Decree, some of the facilities ceased operations and the Defendant was not obligated to conduct audits at such facilities. However, the Defendant did complete audits at 22 facilities around the United States. Audit Reports were prepared by the auditor, and following a comment period, final reports were issued. After conducting root cause analyses for audit report findings, Morton submitted Action Plans in connection with all findings identified in the final reports for the Audit Facilities, including corrective steps to be taken, all of which were approved by EPA. Morton timely implemented the corrective steps, and submitted certification reports to EPA.
North Carolina - Region 4 Files Consent Agreement and Final Order (CAFO) with Shuford Mills to Resolve Alleged Violations of TSCA: On November 30, 2005, a CAFO was filed to resolve alleged violations of TSCA Section 6(e) with Shuford Mills, Granite Falls (Respondent). The violations were the result of Respondent's failure to properly label PCB transformers and PCB storage areas, failure to maintain inspection logs and failure to notify EPA of the transformer. Respondent agreed to pay a penalty of $16,575.
Alabama - Region 4 Files Consent Agreement and Final Order (CAFO) with Starr Holdings, LLC to Resolve Alleged Violations Under the Residential Lead Based Paint Program: On September 12, 2005, EPA Region 4 filed a CAFO with Phillip Kinard and Pasak Investments and Starr Holdings, LLC to resolve alleged violations under the Residential Lead Based Paint Program (RLBPP) at the Graceland Apartments, located in Tuscaloosa. The alleged violations involved various failures by the lessor to provide required information to lessees regarding lead-based paint. The alleged violations are prohibited acts under Section 409 of TSCA, 15 United States Code Section 2689, and regulations found at 40 Code of Federal Regulations Part 745, Subpart F. Under the terms of the settlement agreement, Starr Holdings agreed to pay a penalty of $3,080.
Mississippi - Region 4 Files Consent Agreement and Final Order (CAFO) with J.W. Benafield to Resolve Alleged Violations Under the Residential Lead Based Paint Program: On September 12, 2005, EPA Region 4 filed a CAFO with J.W. Benafield to resolve alleged violations under the Residential Lead Based Paint Program (RLBPP) at the Nottingham Apartments, located in Greenville. The alleged violations involved various failures by the lessor to provide required information to lessees regarding lead-based paint. The alleged violations are prohibited acts under Section 409 of TSCA, 15 United States Code Section 2689, and regulations found at 40 Code of Federal Regulations Part 745, Subpart F. Under the terms of the settlement agreement, J.W. Benafield agreed to pay a penalty of $11,000.
South Carolina - Region 4 Enters TSCA Consent Agreement and Final Order (CAFO) with Southern Patio (Orangeburg, South Carolina): On April 5, 2005, Region 4 filed a CAFO which resolved alleged violations of the Toxic Substances Control Act (TSCA) by Southern Patio at its Orangeburg facility. Under the terms of the settlement agreement, Southern Patio agreed to pay a $99,000 penalty. Southern Patio's alleged TSCA violations included failure to properly dispose of PCBs, failure to properly mark entrances where PCBs were stored, and failure to conduct monthly inspections according to 15 United States Code Section 2605.
Tennessee - Region 4 Files a Consent Agreement and Final Order (CAFO) to Resolve Alleged Violations of the TSCA Inventory Update Rule (IUR): On April 5, 2005, a CAFO was filed with Alco Chemical, to resolve alleged violations of 40 Code of Federal Regulations Section 710.32(c)(7), relating to reporting of chemicals and manufactured amounts. The company located in Chattanooga submitted an Inventory Update Report to EPA for the 2002 reporting period. An EPA inspection revealed that the amounts reported for two chemicals were not correct, and that another chemical had not been reported. To resolve this matter, the company agreed to pay a civil penalty of $40,205.
Florida - Region 4 Files a Consent Agreement and Final Order (CAFO) to Resolve Alleged Violations of Core TSCA: On April 5, 2005, a CAFO was filed with Seitz, Incorporated located in Tampa. Under the CAFO, the company will pay a civil penalty of $8,000. The CAFO alleged that the company had not submitted Premanufacture Notices (PMNs) prior to importing chemicals into the United States; had not provided correct TSCA Certification Statements to the U.S. Customs office for imported chemicals; and had not submitted TSCA 12(b) Export Notices to EPA for products exported to Canada. These alleged violations were found from an inspection conducted by EPA.
Alabama - Region 4 Files a Consent Agreement and Final Order to Resolve Alleged Violations of TSCA PCB Regulations: On March 28, 2005, a CAFO was filed with the city of Evergreen. The CAFO alleged that the city had violated PCB regulations relating to the storage, marking, and inspection of PCB-Contaminated Transformers. The city agreed to pay a civil penalty of $22,908, in 12 monthly installments, to resolve this matter.
South Carolina - Region 4 Files a Consent Agreement and Final Order (CAFO) to Resolve an Alleged Violation of the TSCA Inventory Update Rule (IUR): On March 28, 2005, a CAFO was filed with Omnova Solutions Incorporated (Omnova), a company located in Chester to resolve an alleged violation of TSCA. An EPA inspection performed May 7, 2003, revealed the company had over-reported in its 2002 Inventory Update Report the amount of a chemical by 22 percent. While the Inventory Update Rule allows for a 10percent margin of error, the 22percent fell outside this reporting limit. Omnova agreed to pay a civil penalty of $12,155.
Mississippi - Region 4 Files Consent Agreement and Final Order (CAFO) to Resolve Alleged Violations of TSCA Regulations Issued under Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act: On February 17, 2005, a CAFO was filed with Mosow Real Estate, Incorporated located in Greenville to resolve alleged violations of regulations at 40 Code of Federal Regulations Part 745, Subpart F, which were promulgated under the authority of the Residential Lead-Based Paint Hazard Reduction Act. The Act is intended to help protect children from the harms associated with lead-based paint. The regulations require lessors or sellers of certain property to provide written notice to lessees and buyers about lead, including the presence of known lead-based paint. To settle this matter, the Respondent agreed to pay a civil penalty of $1,540.
South Carolina - Region 4 Files Consent Agreement and Final Order (CAFO) to Resolve Alleged Violations of TSCA Polychlorinated Biphenyls (PCB) Regulations: On February 17, 2005, a CAFO was filed with Sun Chemical, of Goose Creek to resolve alleged violations of TSCA PCB regulations pertaining to PCB Transformers. PCBs are regulated pursuant to Section 6(e) of TSCA. EPA inspected the facility on or around August 10, 2004, and found the company had not properly marked areas, had not maintained records, and had not conducted quarterly inspections for three PCB Transformers. To resolve this matter, the company agreed to pay a civil penalty of $16,088, and perform a Supplemental Environmental Project to replace three PCB Transformers with Non-PCB Transformers.
UST 2007
(Learn more)North Carolina - Region 4 Enters Into RCRA and UST Consent Agreement and Final Order (CAFO) with Circle K Stores, Incorporated: On September 6, 2007, Region 4 filed a CAFO with Circle K Stores, Incorporated, (Respondent) of Charlotte. The CAFO requires Respondent to pay a civil penalty of $2,500, and to certify that Respondent is now in compliance with the RCRA and UST spill and overfill prevention regulations.
North Carolina - Region 4 Enters Into RCRA and UST Consent Agreement and Final Order (CAFO) with W. K. Hobbs, Incorporated: On September 6, 2007, Region 4 filed a CAFO with W. K. Hobbs, Incorporated (Respondent) of Wilmington. The CAFO requires Respondent to pay a civil penalty of $2,500, and to certify that Respondent is now in compliance with the RCRA and UST spill and overfill prevention regulations, and with its release reporting requirements.
UST 2006
Tennessee - DOJ Files Answer in Norman Mayes’ Appeal: On November 9, 2006, Norman Mayes filed an amended complaint against EPA in U.S. District Court for the Eastern District of Tennessee, appealing the Environmental Appeals Board’s (EAB’s) Final Decision ordering him to pay a civil penalty of $66,301. The Department of Justice’s Environmental Defense Section worked in conjunction with Region 4, and EPA’s Office of General Counsel, in drafting the answer. EPA’s answer was filed on November 21, 2006. On February 20, 2006, Mr. Mayes filed his first complaint appealing the EAB's Final Decision. Mr. Mayes’ first complaint was sixteen pages long and was not drafted in proper pleading format. On April 14, 2006, DOJ filed a motion on behalf of EPA for a more definite statement. On September 20, 2006, the federal district court granted EPA’s motion for a more definite statement. Mr. Mayes’ amended complaint of November 9, 2006, is his filing of a more definite statement. The case involves UST violations with reference to three tanks. Respondent failed to pay registration fees for the first tank, and he failed to register the second and third tanks. All three of the tanks were missing release detection, and were beyond the date wherein they were required to be either upgraded or closed. A pivotal factual issue at hearing was whether Respondent’s two unregistered tanks were exempt “farm tanks” pursuant to the regulations. The property was used as an airport, and Respondent argued that he produced hay as a crop. A full week of hearing was conducted in this matter before an Administrative Law Judge who issued an entirely favorable decision for EPA. Mr. Mayes appealed the case to the EAB, which also issued an entirely favorable decision for EPA.
UST 2005
Tennessee - EAB Issues Favorable Underground Storage Tank (UST) Decision in re: Norman C. Mayes: On March 3, 2005, the Environmental Appeals Board (EAB) filed a sixty page decision in the matter of Norman C. Mayes, which upheld every aspect of the Administrative Law Judge's (ALJ's) decision, and provided its own factual and legal analysis supporting the ALJ's decision. The ALJ's decision and the EAB's decision are consistent with each other and are entirely favorable for EPA, and strengthen EPA's UST program. The administrative hearing in this matter held on June 9 - 13, 2003, in Knoxville. The primary factual issue for hearing was whether Respondent's two unregistered tanks were exempt from regulation because they fit within the "farm tank" exemption, and whether Respondent's one registered tank was overdue for upgrading or removal. The property was used as a small airport, and Respondent argued that he produced hay as a crop. On March 1, 2004, Administrative Law Judge Barbara Gunning filed a 50 page entirely favorable decision for EPA in this matter. Respondent appealed the ALJ's decision to the EAB. On appeal, the EAB analyzed Respondent's affirmative defense that EPA's complaint was time barred by the statute of limitations. It determined that Respondent's UST violations (failure to notify, and failure to have release detection) were both "continuing violations" for statute of limitations purposes, thereby tolling the five year statute of limitations period until the illegal course of conduct was complete. The EAB noted that this was an issue of first impression. Next, the EAB reviewed Respondent's affirmative defense that evidence gleaned during three site inspections should be excluded because the inspections were illegal searches and seizures. The EAB concluded that none of the three site inspections were illegal searches and seizures, since two of the site inspections were authorized by the express language of the statute, and Respondent consented to the third site inspection. The EAB then analyzed the liability arguments and determined that two of Respondent's USTs were not exempt "farm tanks" but instead were regulated USTs, and that Respondent violated the regulations by not upgrading or closing his third UST. The EAB affirmed the ALJ's finding that for the "farm tank" exemption to apply a property must be "devoted" to farming, and that the tanks in question must be used to support that farming. After addressing the liability issues, the EAB affirmed the ALJ's penalty assessment in its entirety, finding Respondent liable for a civil penalty of $66,301.