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2009 Region 2 Compliance and Enforcement Annual Results

Using a full range of compliance and enforcement strategies and tools, EPA Region 2, which covers New Jersey, New York, Puerto Rico and the U.S. Virgin Islands, continued to bring more and more facilities into compliance with the laws that protect the environment and public health environment in fiscal year 2009, which ran from October 1, 2008 to September 30, 2009.

The results of our compliance and enforcement efforts are presented below.

 

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Compliance and Enforcement Annual Results
Numbers at a Glance
Region 2

Civil Enforcement
Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment:  
  Direct Environmental Benefits  
 
  • Pollution Reduced, Treated or Eliminated (Pounds) (1)
41,822,581
 
  • Hazardous Waste Treated, Minimized, or Properly Disposed of (Pounds) (1)  (2)
3,437,091
 
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
281,234
 
  • Contaminated Water to be Cleaned Up (Cubic Yards)
9,361,569
 
  • Stream Miles Protected or Restored (Linear Feet)
0
 
  • Wetlands Protected or Restored (Acres)
4
 
  • People Protected by Safe Drinking Water Act Enforcement (# of People)
7,339
Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) $250,667,974
Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) $3,795,545
Civil Penalties Assessed  
  Administrative Penalties Assessed $3,147,050
  Judicial Penalties Assessed $5,680,193
  State/Local Judicial Penalties Assessed From Joint Federal-State/Local Enforcement Actions (3) $1,390,000
  Stipulated Penalties Paid $1,937,014
   
Civil Enforcement and Compliance Activities
Referrals of Civil Judicial Enforcement Cases to Department of Justice (DOJ) 38
Supplemental Referrals of Civil Judicial Enforcement Cases to DOJ 7
Civil Judicial Complaints Filed with Court 24
Civil Judicial Enforcement Case Conclusions 20
Administrative Penalty Order Complaints 281
Final Administrative Penalty Orders 263
Administrative Compliance Orders 191
Cases with Supplemental Environmental Projects 17
   
EPA Compliance Monitoring Activities
Inspections/Evaluations 2,709
Civil Investigations 16
Number of Regulated Entities Taking Complying Actions during EPA Inspections/Evaluations 128
 
Superfund Cleanup Enforcement
Amount Committed by Liable Parties to Clean up Superfund Sites $42,581,301
Amount Committed by Liable Parties to Reimburse the Government for Money Spent Cleaning up Superfund Sites $79,788,107
   
Voluntary Disclosures
Commitments to Reduce, Treat or Eliminate Pollution as a Result of Voluntary Disclosures (pounds) 161,248
Voluntary Disclosures Initiated (Facilities) 68
Voluntary Disclosures Resolved (Facilities) 144
Voluntary Disclosures Initiated (Companies) 56
Voluntary Disclosures Resolved (Companies) 75
   
EPA Compliance Assistance
Entities Provided with EPA Compliance Assistance (4) 85,570

Sources for Data displayed in this document: Integrated Compliance Information System (ICIS), Comprehensive Environmental Response, Compensation & Liability Information System (CERCLIS), Resource Conservation and Recovery Act Information (RCRAInfo), Air Facility System (AFS), and Permit Compliance System (PCS) October 13, 2009

Footnotes:

  1. Projected reductions to be achieved during the one year period after all actions required to attain full compliance have been completed.


  2. In FY 2008, for the first time, OECA initiated a new Environmental Benefits outcome reporting category to count pounds of “Hazardous Waste Treated, Minimized or Properly Disposed Of “ from enforcement cases. OECA has determined that none of the previously established outcome categories are appropriate for counting the environmental benefits obtained from EPA’s hazardous waste cases. For FY 2008, this new pilot category includes only results from RCRA cases, but, in the future, similar results obtained from enforcement actions under other statutes, particularly CERCLA, may also be included.


  3. This measure generated by a recommendation from the General Accounting Office, requires that EPA now report on penalties assessed in judicial enforcement cases that are awarded to a state/co-plaintiff.


  4. EPA provides assistance using a variety of tools including workshops, facility visits, posting web-based information, responding to specific calls about regulations, etc.

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Federal Data Presented State-by-state

EPA works in partnership with states in targeting federal enforcement where it produces the most environmental benefit. The data below shows EPA's activities and achievements.

Caveat - A single enforcement case that addresses facilities located in more than one state will be counted in the total for each state with a facility.  The results achieved from this enforcement action will also be counted in each state with a facility. 

Region 2, New Jersey

Civil Enforcement
Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment:
    Direct Environmental Benefits  
  • Pollution Reduced, Treated or Eliminated (Pounds) (1)
1,689,700
  • Hazardous Waste Treated, Minimized or Properly Disposed Of (Pounds) (1)  (2)
497,103
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
22,927
  • Contaminated Water to be Cleaned Up (Cubic Yards)
12,963
Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) $26,018,996
Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) $2,391,365
Civil Penalties Assesssed $4,363,965
Civil Enforcement and Compliance Activities
Civil Judicial Enforcement Case Conclusions 9
Final Administrative Penalty Orders 30
Administrative Compliance Orders 25

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Region 2, New York

Civil Enforcement
Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment:
    Direct Environmental Benefits  
  • Pollution Reduced, Treated or Eliminated (Pounds) (1)
3,563,775
  • Hazardous Waste Treated, Minimized or Properly Disposed Of (Pounds) (1)  (2)
2,834,645
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
262,107
  • Contaminated Water to be Cleaned Up (Cubic Yards)
9,346,565
Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) $196,114,718
Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) $579,644
Civil Penalties Assesssed $2,986,309
Civil Enforcement and Compliance Activities
Civil Judicial Enforcement Case Conclusions 10
Final Administrative Penalty Orders 194
Administrative Compliance Orders 94

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Region 2, Puerto Rico

Civil Enforcement
Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment:
    Direct Environmental Benefits  
  • Pollution Reduced, Treated or Eliminated (Pounds) (1)
36,581,137
  • Hazardous Waste Treated, Minimized or Properly Disposed Of (Pounds) (1)  (2)
119,331
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
0
  • Contaminated Water to be Cleaned Up (Cubic Yards)
2,021
Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) $31,394,875
Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) $819,500
Civil Penalties Assesssed $3,181,422
Civil Enforcement and Compliance Activities
Civil Judicial Enforcement Case Conclusions 2
Final Administrative Penalty Orders 31
Administrative Compliance Orders 67

 

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Region 2, U.S. Virgin Islands

Civil Enforcement
Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment:
    Direct Environmental Benefits  
  • Pollution Reduced, Treated or Eliminated (Pounds) (1)
568
  • Hazardous Waste Treated, Minimized or Properly Disposed Of (Pounds) (1)  (2)
2,262
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
0
  • Contaminated Water to be Cleaned Up (Cubic Yards)
20
Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) $58,472
Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) $5,036
Civil Penalties Assesssed $11,980
Civil Enforcement and Compliance Activities
Civil Judicial Enforcement Case Conclusions 0
Final Administrative Penalty Orders 9
Administrative Compliance Orders 5

 

Sources for Data displayed for Federal Data Presented State-by-State:  Integrated Compliance Information System (ICIS)

Footnotes:

  1. Projected reductions to be achieved during the one year period after all actions required to attain full compliance have been completed.


  2. In FY 2008, for the first time, OECA initiated a new Environmental Benefits outcome reporting category to count pounds of “Hazardous Waste Treated, Minimized or Properly Disposed Of “ from enforcement cases. OECA has determined that none of the previously established outcome categories are appropriate for counting the environmental benefits obtained from EPA’s hazardous waste cases. For FY 2008, this new pilot category includes only results from RCRA cases, but, in the future, similar results obtained from enforcement actions under other statutes, particularly CERCLA, may also be included.

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Federal Case Highlights Presented State-by-state

New Jersey

Supreme Asset Management and Recovery

On June 30, 2009, as part of a national effort to crack down on the illegal export of electronic waste, EPA issued an administrative complaint to Supreme Asset Management and Recovery of Lakewood, N.J. The complaint proposes to assess a $199,900 penalty against the company for illegally exporting thousands of non-working computer monitors to Hong Kong and other locations in 2007 and 2008, and for failing to promptly respond to EPA’s requests for information. Computer monitors contain cathode ray tubes (CRTs), which are the video display components of televisions and computer monitors. The glass in CRTs typically contains enough toxic lead to require managing it as hazardous waste under certain circumstances. Color computer monitors contain an average of four pounds of lead. CRTs may also contain mercury, cadmium and arsenic, all of which can pose threats to human health.

EPA, on February 26, 2009, had previously ordered Supreme Asset Management Company to halt the unsafe transport and removal of fluorescent light bulbs and batteries classified as hazardous and/or solid waste, both of which contain toxic substances including mercury and lead. Exposure to mercury can adversely affect human nervous systems, and exposure to high levels can permanently damage the brain and kidneys. Short term exposure can result in lung damage, increased blood pressure and rashes. Exposure to lead may cause reproductive, nerve and memory problems in humans.

Lonza Inc.

On June 30, 2009, EPA settled a third pesticide enforcement case against Lonza Inc., the nation’s largest manufacturer of hospital disinfectants, for multiple violations of the federal law that regulates pesticides.  Under the settlement, the New Jersey-based company agreed to pay more than $550,000 in fines for allegedly making misleading claims regarding the efficacy of two products.  The settlement is one of the largest civil penalties assessed under the Federal Insecticide, Fungicide and Rodenticide Act. Combined with earlier settlements, the penalties against Lonza Inc. now total over $640,000.  

Products cited for inefficacy in the most recent case were: Saniphor No. 450, registered as a tuberculocide, but found ineffective against a bacterium that causes tuberculosis; and 7 Healthcare Disinfectant Neutral Cleaner, which EPA tests determined did not kill the pathogen Pseudomonas aeruginosa, as claimed on the label.

Eagle Recycling of New Jersey

EPA sampling results found asbestos at Eagle Recycling of New Jersey and at other locations which have received shipments from Eagle Recycling.  Due to Eagle’s poor facility management, the facility’s location adjacent to a residential community, the lack of adequate worker protection, and other factors, EPA determined that the Eagle Recycling Facility may present an imminent and substantial endangerment to human heath and the environment. On March 27, 2009, EPA ordered the company to cease offsite shipment of certain wastes, clean their process building, upgrade air cleaning equipment, institute waste screening and worker protection programs, and meet local wastewater pretreatment requirements.

Combe Fill South Superfund Site

On June 16, 2009, the U.S. District Court for the District of New Jersey entered a consent decree between EPA and approximately 300 potentially responsible parties (PRPs) regarding the Combe Fill South Superfund Site, located in Chester and Washington Townships, NJ.  The consent decree requires the settling PRPs to pay $69 million for site response costs.  Of this amount, EPA is to receive $56,235,000, plus interest, and the State of New Jersey will receive $12,765,000, plus interest.  In addition, the consent decree requires the PRPs to fund a $27 million annuity paying $900,000 per year for 30 years, to pay for long-term cleanup work at the site.  Finally, the consent decree requires the PRPs to pay the State $3,218,700 for natural resource damages. Combined with prior settlements, EPA and the State have now recovered $86 million in past costs relating to this site.

McGuire Air Force Base and Middlesex Sampling Plant

On September 15, 2009, EPA Region 2 signed a Federal Facility Agreement (FFA) requiring the U.S. Air Force to investigate and remediate contamination at the McGuire Air Force Base, a site listed on the Superfund National Priorities List (NPL).  The Base occupies approximately 3,536 acres of property in New Hanover Township, New Jersey, and is located within the Pinelands National Reserve, which is classified as Federal land designated for the protection of natural ecosystems.  Investigation and remediation of the Base is being addressed in a series of “operable units,” covering 35 areas of concern.  Remedial investigations and feasibility studies shall be performed by the Air Force.  Thereafter, necessary remedial design and remedial action activities shall also be performed by the Air Force under EPA oversight.

Also in September 2009, EPA signed an FFA with the U.S. Army Corps of Engineers and the U.S. Department of Energy (DOE) for the cleanup of the Middlesex Sampling Plant site, a Superfund site located in Middlesex, New Jersey.  As a result, DOE will be responsible for long-term surveillance, operation and maintenance of the site once the Army Corps of Engineers has completed all remedial actions.

With these two FFA’s, Region 2 now has in place comprehensive settlements for the investigation and cleanup of all Region 2 federal facilities that are on the Superfund National Priorities List.

New York

Village of Port Chester

On July 31, 2009, EPA ordered the village of Port Chester, N.Y. to improve the way it handles run-off from rainwater and correct violations of the federal Clean Water Act. EPA sampling had revealed high levels of bacteria fecal and total coliform in village stormwater that exceeded New York’s state water quality standards. Both bacteria can lead to health problems in people and many aquatic species. Stormwater, which is from rainfall or melting snow, can pick up debris, chemicals, dirt and other pollutants from surfaces before it flows into a waterbody. Port Chester discharges stormwater into the Byram River, which empties into the Long Island Sound

Under EPA’s order, Port Chester must prepare, implement and enforce a stormwater management program to identify and correct improper sources of bacteria discharges by Dec. 31, 2009. Port Chester must also monitor stormwater discharges for six months after the plan has been established to ensure bacteria discharge problems have corrected, and report its finding to EPA and the New York State Department of Environmental Conservation.

ABCO Refrigeration Supply Corporation

On September 17, 2009, EPA settled a case and collected a penalty of $39,748 against ABCO Refrigeration Supply Corporation located in Long Island City, NY, for illegally importing 10,088 kilograms of hydrochlorofluorocarbons (HCFCs) in excess of their 2007 yearly allowance.  EPA also issued an Administrative Compliance Order on March 17, 2009 that required ABCO Refrigeration to comply with its annual kilogram allowances of HCFCs and to monitor and record the exact quantity of HCFCs imported each year, as well as to report to EPA, Region 2, the quantity of HCFCs imported for 2009.  In 2008, ABCO Refrigeration voluntarily imported 35,609 kilograms less than its 2008 yearly allowance.

Town of Brookhaven and Wehran Energy Corporation

The Town of Brookhaven and Wehran Energy are the owners and/or operators of the Brookhaven Landfill and Gas Recovery Facility.  On September 29, 2009, EPA issued an Administrative Compliance Order to compel the Town of Brookhaven and Wehran Energy to continuously operate the sulfur control device that controls hydrogen sulfide (H2S) gas collected from the landfill, as required by the facility’s Title V permit.  The remaining H2S gas is then flared which creates sulfur dioxide (SO2) emissions.  As a result of the Administrative Compliance Order, the overall SO2 emissions will be reduced more than 90%.  At maximum landfill capacity, the uncontrolled SO2 emissions are estimated to be 1,520,000 lbs.

CityGas Gasoline Corp.

On August 26, 2009, the U.S. Government entered into a final settlement with CityGas Gasoline Corp. and 26 related corporate entities concerning violations involving at least 112 underground storage tanks at 21 gas stations that they have owned or operated in the metropolitan New York City area, including two facilities in New Jersey.  The defendants have agreed to pay a $1.4 million civil penalty and have undertaken compliance and remedial measures valued at $470,000.

CityGas had failed to comply with requirements for upgrading and maintaining corrosion protection on steel underground storage tanks; conducting and maintaining leak detection prevention procedures; properly closing out-of-service tanks; testing the surrounding area for possible leaks from the tanks; registering waste oil tanks with the State; demonstrating financial responsibility for environmental cleanup and for compensating third parties for bodily injury and property damage caused by accidental releases from underground storage tanks; and cooperating with EPA by providing information about their underground storage tanks. Compliance with these requirements is vital to ensure the integrity of tanks, to prevent the release of petroleum product to soil and groundwater, and to ensure that cleanup monies would be available in the event of an accidental release.

Kinder Morgan Liquids Terminals LLC

On August 31, 2009, Region 2 issued an Administrative Order on Consent under RCRA to ExxonMobil Oil Corporation and Kinder Morgan Liquids Terminals LLC, the former and present owner of a petroleum bulk storage and distribution facility on Staten Island in New York City, requiring them to perform corrective action work. Petroleum operations at the facility have involved the use of 40 above-ground tanks and two RCRA-regulated surface impoundments.  EPA had previously issued a unilateral order pursuant to Section 3013 of RCRA, requiring Mobil Oil Corporation to perform a RCRA Facility Investigation (RFI) to study soil and groundwater at the site and to assess the impact of any contamination migrating from the facility into the Arthur Kill, an adjacent waterway. The RFI concluded that there had been impacts from facility operations to the soil and groundwater at the site which included various forms of petroleum related contamination.  The new Order requires the completion of cleanup work at the facility, including steps to enhance corrective action activities already underway and the selection and implementation of other final remedial measures.  The estimated cost of the work required by the Order is $5.1 million. The Order will address, among other things, approximately 4,500 cubic yards of contaminated soil and 1,100 cubic yards of contaminated groundwater.

Solvent Savers Superfund Site

On May 11, 2009, the U.S. District Court entered a consent decree between EPA and a number of potentially responsible parties (including General Electric Co., International Business Machines Corp., Bristol-Myers Squibb, and the U.S. Air Force) concerning the Solvent Savers Superfund Site in Lincklaen, NY.  The consent decree provides for the performance of soil and groundwater cleanup work estimated to cost $14,821,000.  The remedy will remediate about 1.54 million cubic yards of contaminated groundwater and 6,000 cubic yards of contaminated soil at the site.   

Consolidated Iron & Metal Superfund Site

On January 29, 2009, the district court entered a consent decree between EPA and potentially responsible parties (PRPs) at the Consolidated Iron & Metal Site.  This is a cashout settlement with the City of Newburgh, the City of Poughkeepsie, Connell Limited Partnership, International Business Machines Corp. and Northrop Grumman Ship Systems, Inc. The consent decree provides for the payment of $12,062,000 to EPA, which will be applied toward the cleanup remedy at the Site.  The remedy will address about 78,000 cubic yards of contaminated soil.  The settlement also provides for the sharing by EPA and the settling PRPs of any future recoveries from other parties. The City of Newburgh has also agreed to remit to EPA the net proceeds of the sale of the site property which exceed the appraised value of the property.

Puerto Rico

Shell Chemical Yabucoa, Inc.

As part of a consent decree, Shell has agreed to pay a $1,025,000 penalty and spend at least $273,800 enhancing its pollution controls and monitoring to remedy Clean Water Act violations.  The company was found to be discharging pollutants in excess of permit limits, discharging pollutants into Santiago Creek and the Caribbean Sea at unpermitted locations, failing to report certain discharge data, and not performing adequate operation and maintenance of a discharge pipe into the Caribbean Sea

Under the consent decree, among other requirements, Shell must: 1) sample contaminated stormwater that is discharged into a flood control pond at the facility; 2) inspect a pipeline that had ruptured every six months to ensure no new ruptures have occurred; 3) implement best management practices for the facility’s stormwater collection systems; 4) dredge a flood control pond to maximize its storage capacity; and 5) conduct hydrology and engineering studies to bring the facility’s stormwater discharges into compliance.

Additionally, if Shell restarts petrochemical activities at the facility, which is currently serving as a terminal only, the company must install a 1.34 million gallon storage facility for contaminated stormwater.

Municipalities of Cayey, Hatillo, Las Piedras, Loiza, Rio Grande and Toa Alta

In 2009, EPA filed individual complaints against the municipalities of Cayey, Hatillo, Las Piedras, Loiza, Rio Grande and Toa Alta in Puerto Rico for failing to comply with federal Clean Water Act requirements related to stormwater management for small municipal sewer systems. The six municipalities face a total amount of $291,177 in fines. Municipal stormwater discharges are of concern because they often contain high concentrations of pollutants like fertilizers, pesticides, oil, litter and sediments. Stormwater runoff picks up and transports untreated pollutants into waterways. Municipal stormwater discharges can result in the destruction of habitat, fish mortality, and contamination of drinking water supplies and recreational waterways.

Camp Santiago Training Site

The Puerto Rico Army National Guard and the Army & Air Force Exchange Service entered into settlement agreements with EPA on April 23, 2009 and March 18, 2009 respectively to resolve underground storage tank violations at their Camp Santiago Training Site in Salinas, Puerto Rico. Under the agreements, the two federal entities will together pay a $69,000 fine.  The Guard also agreed to voluntarily install a gauge to detect tank leaks automatically and to install a system costing $670,000 at Camp Santiago that recycles water used to wash vehicles in its fleet. The system is estimated to reduce water use by approximately 6% annually or 1.2 million gallons and to prevent the release of oils, grease, and other substances into the environment. The Army & Air Force Exchange Service, for their part, voluntarily agreed to develop a monitoring plan for all its tanks in use in Puerto Rico.

U.S. Virgin Islands

Kmart Corporation

On September 25, 2009, EPA Region 2 issued a Complaint, Compliance Order, and Notice of Opportunity for Hearing, against Kmart Corporation, Inc., for violations concerning the management of hazardous waste at three of its facilities in the U.S.Virgin Islands:  Kmart 26A Tutu Park Mall, St. Thomas, Kmart Sunny Isles Shopping Center, St. Croix, and Kmart Sunshine Mall Estate Cane, St. Croix. Kmart had failed to make the required hazardous waste determinations, operated without having obtained a permit or qualifying for interim status, and failed to comply with universal waste regulations.  EPA’s complaint proposes that a penalty of $124,516 be assessed against Respondent. Kmart must also comply with the provisions of the Compliance Order to address the management of hazardous waste at its three facilities. 

ESSO Virgin Islands

Esso Virgin Islands, located in St. Thomas, U.S. Virgin Islands, is a bulk fuel dealer with a total storage capacity of 2,050,000 gallons.  An SPCC inspection conducted at the Respondent’s facility on August 29, 2008 determined the Respondent failed to prepare an adequate SPCC Plan for the facility and failed to seal cracks and holes in areas requiring secondary containment.  A discharge would likely impact the waters, vegetation and adjoining shoreline of Krum Bay and the Caribbean Sea.  EPA proposed an Expedited Settlement Agreement which was accepted by all parties on June 17, 2009.  Respondent has paid a penalty of $1,200 and certified all violations have been corrected.

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