Compliance and Enforcement Annual Results 2011 Fiscal Year
Enforcement Case Highlights
This page provides highlighted cases brought by EPA that enhanced deterrence and compliance with the law, while achieving substantial reductions in discharges of pollutants to the environment.
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- Tennessee Valley Authority (TVA) resolved alleged Clean Air Act violations at 11 of its coal-fired plants in Alabama, Kentucky, and Tennessee. The settlement will require TVA to invest $350 million on clean energy projects that will reduce greenhouse gases and other pollutants, and protect public health and the environment. The settlement will also advance environmental justice by reducing energy costs for low-income communities and by reducing pollution in overburdened communities; TVA will spend an estimated $3 to $5 billion on new and upgraded state-of-the-art pollution controls that will prevent approximately 1,200 to 3,000 premature deaths, 2,000 heart attacks and 21,000 cases of asthma attacks each year, resulting in up to $27 billion in annual health benefits.
- Rocky Mountain and Offen Petroleum, Inc. resolved claims that they illegally mixed and distributed more than 1 million gallons of gasoline that did not meet Clean Air Act emissions and fuel quality requirements.
- American Municipal Power (AMP), an Ohio non-profit utility, is under a settlement to resolve violations of the Clean Air Act and have agreed to spend $15 million on a mitigation project to benefit the environment by reducing emissions, including greenhouse gas emissions. The energy efficiency services are designed to achieve a minimum reduction of 70,000 megawatt hours, equivalent to the electricity use of more than 6,000 homes for one year.
- Albania DeLeon, a former EPA Fugitive and the former owner of the country's largest asbestos abatement training school, was sentenced for selling fraudulent asbestos training certificates and associated crimes.
- Brendan Clery was sentenced to 18 months in prison, a $10,000 criminal fine and forfeiture of over $935,000 in illegal proceeds from smuggling ozone-depleting chemicals into the United States.
- Chemical and Metal Industries Inc. (PDF) (2 pp, 26K) was sentenced for negligently causing the release of hazardous air pollutants and thereby placing another person in imminent danger of death.
- The US General Services Administration along with four private party consultants and contractors paid a $100,000 penalty to settle asbestos related violations at the John W. McCormack Post Office and Court House Building in Boston, Massachusetts.
- Northern Indiana Public Service Co. (NIPSCO) agreed to a global settlement that will cover all of NIPSCO’s coal-fired power plants, located in Chestertown, Michigan City, Wheatfield and Gary, Ind. NIPSCO has agreed to invest approximately $600 million in pollution control technology that will protect public health and $9.5 million on projects that will benefit the environment and human health in communities located near the NIPSCO facilities. Reducing harmful air pollutants will benefit the communities, particularly communities disproportionately impacted by environmental risks and vulnerable populations, including children.
- Mahard Egg Farm, Inc. a Texas corporation, will pay a $1.9 million penalty to resolve claims that the company violated the Clean Water Act (CWA) at its egg production facilities in Texas and Oklahoma.
- BP Exploration Alaska, Inc. will pay a $25 million civil penalty and implement at system-wide pipeline integrity management program for spilling more than 5,000 barrels of crude oil from its pipelines on the North Slope of Alaska.
- Jeffrey Pruett was sentenced to 21 month’s incarceration for multiple Clean Water Act felonies relating to sewage treatment plants he operated in low income areas of Monroe, LA.
- Cardiff-Marine, Inc.(PDF) (2 pp, 24K) a Liberian–registered shipping company, was sentenced after pleading guilty to a felony violation of the Act to Prevent Pollution from Ships.
- Kie–Con, Inc. (PDF) (2 pp, 77K) a Delaware corporation, paid a criminal fine for negligently violating the Clean Water Act. The plant illegally discharged industrial waste pollutants into the San Joaquin River.
- The U.S. Navy signed a Federal Facility Compliance Agreement that sets out a schedule of upgrades the Navy will make at its Naval Base Guam to the Navys Apra Harbor wastewater treatment plant and sewer system.
- The Northeast Ohio Regional Sewer District Clean Water Act settlement will address the flow of untreated sewage into Cleveland area waterways and Lake Erie. The settlement will safeguard water quality and protect human health by capturing and treating more than 98 percent of wet weather flows entering thecombined sewer system, which services the city of Cleveland and 59 adjoining communities. The settlement will also require the sewer district to invest at least $42 million in green infrastructure projects. The sewer district will collaborate with local community groups, including those representing minority and/or low-income populations, in selecting the locations and types of green infrastructure projects to propose.
- EPA announced a comprehensive settlement with the Department of the Interior (DOI) to address alleged violations of waste, water, air, toxics and community right-to-know laws at schools and public water systems in Indian Country owned, operated, or the legal responsibility of DOI’s Indian Affairs Office. The settlement will advance environmental justice by protecting students’ health, including children, and the health of communities in Indian Country by reducing potential exposure to environmental hazards.
- Second Phase of Historic Hudson River Cleanup Gets Underway. EPA announced the start of the second and final phase of the Hudson River dredging project to cleanup sediment contaminated with polychlorinated biphenyls (PCBs).
- Motors Liquidation Corporation (f/k/a General Motors Corporation) established a $773 million Environmental Response Trust to conduct, manage, and fund cleanup at 89 sites across 14 states. The bankruptcy settlement envisions the redevelopment and revitalization of appropriate sites. The Trust directs over $450 million to address cleanup of contaminated properties, many of which are located in overburdened communities.
- Hecla Mining Company, Hecla agreed to pay $263.4 million plus interest to resolve its liabilities at the Bunker Hill Mining and Metallurgical Complex Superfund Site in northern Idaho. Settlement funds will be dedicated to remediation and restoration of natural resources in the Coeur d’Alene Basin.
- BP Texas City will address significant violations of the chemical accident prevention requirements of the Clean Air Act. Under the terms of the settlement BP agreed to pay a $15 million penalty to resolve these violations.
- Dupont agreed to pay a penalty of $3.3 million to resolve 57 Toxic Substances Control Act (TSCA) violations.
- Honeywell International paid an $11.8 million criminal fine for knowingly storing nearly 10,000 drums of mixed hazardous/corrosive and radioactive wastes without a permit for almost a decade at its yellow cake uranium processing facility in Metropolis, Illinois.
- Andrew Costa (PDF) (2 pp, 142K) was sentenced to 21 months in federal prison and pay $70,000 in restitution on one count of disposing of hazardous waste without a permit. Costa abandoned two cargo trailers containing hazardous waste along a public road.
- Saverio Todaro (PDF) (2 pp, 90K), a licensed lead and asbestos inspector, was sentenced to 63 months in prison for falsifying lead and asbestos inspection and testing reports for residences and other locations throughout the New York City area.
- Air Products has agreed to pay nearly $1.5 million in civil penalties to resolve hazardous waste mismanagement violations at its Pasadena, Texas chemical manufacturing facility. The settlement resolves Air Products’ Resource Conservation and Recovery Act (RCRA) violations in transferring spent acid to a neighboring fertilizer manufacturing plant. The actions taken by this settlement will reduce the mismanagement and risk of the release of a billion gallons of toxic and acidic waste waters from this facility and the neighboring facility into the Houston Ship Channel, groundwater, and the surrounding area which has a significant minority and low-income population.
- The Department of the Interior (DOI) Indian Affairs Office reaches an agreement to address alleged violations of waste, water, air, toxics and community right-to-know laws at 72 schools and 27 public water systems that they own, operate, or have legal responsibility.
- Donald Patterson (PDF) (2 pp, 28K), a Detroit Health Dept. lead inspector, was sentenced to 46 months in federal prison for wire fraud, and making false statements concerning lead inspections. He sought payments from homeowners and renters for falsely certifying that a home was lead-free or for providing bogus lead paint abatement training and used threats of criminal prosecution, and even child neglect charges, to convince landlords and tenants to pay bribes and conceal the matter from State regulators.