| EPA announces summary of enforcement actions for Winter 2011 Kelly Huynh, EPA Compliance and Enforcement, 206-553-1679, huynh.kelly@epa.gov
Jeff Philips, EPA Public Affairs, 206-553-1465, philip.jeff@epa.gov
(Seattle – May 3, 2012) The U.S. Environmental Protection Agency (EPA) completed 35 enforcement actions from January 1 through March 31, 2012 to ensure individuals, businesses, and governments are complying with environmental regulations. The EPA’s compliance assistance programs help people understand and follow federal environmental laws. Enforcement deters those who might otherwise profit from violating the law and levels the playing field with environmentally compliant companies. Protecting human health and the environment is the ultimate objective. Below is a summary table of EPA’s enforcement actions during the second quarter of federal fiscal year 2012 (January - March 2012). An important component of EPA’s enforcement activities, and a key way to deter misconduct, is to assess penalties for violations. For the cases where EPA assessed penalties, the penalty amount is listed in the table. EPA Region 10 assessed a total of $821,731 in penalties during the second quarter. Penalty amounts may vary depending on a variety of factors, such as the magnitude of the violation, how quickly the violations are corrected, and whether there are past violations. Compliance Orders direct the violator to bring their activities back into compliance with environmental laws, and do not include penalties.
January 1 - March 31, 2012 | State | City of violation | Date issued/ filed | Respondent | Description of Alleged Violation | Penalty amount | | AK | Anchorage | 03/14/12 | SGS North American, Inc. | Failure to comply with hazardous waste generator requirements. (RCRA)* | $1,500 | | AK | Fairbanks | 03/12/12 | Eielson Air Force Base | Failure to comply with universal waste management requirements. (RCRA)* | $45,700 | | ID | Jerome | 03/16/12 | Rite Stuff Foods, Inc. | Failure to comply with risk management program (RMP)* requirements for anhydrous ammonia. | $5,700 | | ID | Lapwai | 03/15/12 | Nez Perce Tribe Drinking Water Systems | Failure to comply with Safe Drinking Water Act (SDWA)* requirements for monitoring and reporting violations to customers and EPA at the North Lapwai, South Lapwai, and Kamiah water systems. | N/A (Administrative Order on Consent) | | ID | Grand View | 03/12/12 | US Ecology Idaho, Inc. | Failure to submit timely Toxic Chemical Release Inventory (TRI) Reporting Forms for more than 20 chemicals, including mercury, lead, and PCBs. (EPCRA)* | $184,000 | | ID | Nezperce | 03/06/12 | Robert Branson | Failure to comply with EPA’s Federal Air Rules for Reservations (FARR)* resulting from agricultural burning above permitted levels. | $1,200 | | OR | Medford | 03/29/12 | NPK Industries, LLC | Failure to register three pesticides. (FIFRA)* | N/A (Stop Sale Order) | | OR | Tigard | 03/05/12 | AG Specialties, LLC | Failure to properly label imported pesticides. (FIFRA)* | N/A (Stop Sale Order) | | OR | Portland | 02/28/12 | Wilbur Ellis Company | Sale and distribution of misbranded pesticide products. (FIFRA)* | $50,320 | | OR | Nehalem | 02/28/12 | River End Dairy, LLC | Failures to comply with Clean Water Act (CWA)* permit requirements by discharging pollutants to waters of the United States. | $6,300 | | OR | Liberal | 02/27/12 | Sanders Wood Products, Inc. | Failures to properly manage PCBs, including failure to repair, replace, or contain leaking PCB transformers. (TSCA)* | $108,400 | | OR | Eugene | 01/06/12 | Forrest Paint Company | Failure to comply with risk management program (RMP)* requirements for propane. | $18,000 | | WA | Colville | 03/29/12 | Colville Post and Pole | Partial cost recovery ($5,000) for a removal action, based on the potentially responsible party’s (PRP's) ability to pay. (CERCLA)* | N/A (Cost Recovery) | | WA | Seattle | 03/26/12 | U.S. Department of Commerce – National Oceanic and Atmospheric Administration’s Western Regional Center | Failure to comply with hazardous waste generator and universal waste requirements. (RCRA)* | $2,250 | | WA | Moses Lake | 02/17/12 | J.R. Simplot Company | Failure to properly label pesticides. (FIFRA)* | N/A (Stop Sale Order) | | WA | Centralia | 02/16/12 | TransAlta Centralia Generation, LLC | Failure to comply with requirements for the proper use and disposal of electrical transformers containing PCBs. (TSCA)* | $28,500 | | WA | White Swan | 02/13/12 | Fort Simcoe Job Corps Center’s Drinking Water System | Failure to conduct required monitoring and report violations to customers and EPA. (SDWA)* | N/A (Compliance Order) | | WA | Harrah | 02/07/12 | Hush & Hush, Inc., and C.I. Lovell, Inc. | Failure to comply with Clean Air Act requirements for handling demolition of asbestos materials and limiting fugitive air emissions. (CAA)* | $11,000 | | WA | Wapato | 02/06/12 | City of Wapato | Failure to comply with Clean Water Act requirements, primarily due to exceeding permit limits for ammonia. (CWA)* | $57,000 | | WA | Spokane | 01/30/12 | Spokane Tribe of Indians | Arsenic in drinking water above maximum contaminant levels at the Martha Boardman and Ford water systems. (SDWA)* | N/A (Administrative Order on Consent) | | WA | Warden | 01/17/12 | Oregon Potato Company | Failure to report an ammonia release to the Washington Emergency Response Commission and the National Response Center. (EPCRA and CERCLA)* | $66,235 | | WA | Yakima | 01/17/12 | Yakama Tribal Gaming Corp dba Yakama Nation’s Legends Casino | Failure to discharge in compliance with a NPDES permit. (CWA)* | N/A (Compliance Order) | | WA | Silverdale | 01/11/12 | U.S. Department of Navy – Naval Base Kitsap at Bangor | Failure to comply with underground storage tank requirements to detect or prevent releases to the environment. (RCRA)* | $160,756 | | WA | Wenatchee | 01/11/12 | Custom Apple Packers, Inc. | Failure to comply with risk management program (RMP)* requirements for anhydrous ammonia. | $69,480 | | AK WA | Greenacres Brewster Longview Kelso Castle Rock | | City Service Valcon Triangle Shell/Exxon LLC Beachway Gas and Grocery and City Shop 13th Avenue Mini Mart, Rocky Point Market, and Kelso Longview Regional Airport Link’s Four Corners General Store | Failure to conduct tests or maintain documentation to detect or prevent releases to the environment. (UST)* | Total of $5,390 for violations at the named facilities. | *EPCRA – Emergency Planning and Community Right to Know Act FARR – Federal Air Rules for Reservations FIFRA – Federal Insecticide, Fungicide and Rodenticide Act CWA – Clean Water Act CAA – Clean Air Act RCRA – Resource Conservation and Recovery Act RMP – Risk Management Program SDWA – Safe Drinking Water Act TRI – Toxic Release Inventory UST – Underground Storage Tank
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