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2010 Region 2 Compliance and Enforcement Annual Results

 

Compliance and Enforcement Annual Results

Serving New Jersey, New York, Puerto Rico, US Virgin Islands and Seven Tribal Nations. New York State New York State New Jersey State Puerto Rico US Virgin Islands New York State

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 facilities into compliance with the laws that protect the environment and public health in federal fiscal year 2010 (FY2010), which ran from October 1, 2009 to September 30, 2010.  Below are several case summaries which are indicative of the civil and criminal enforcement actions issued to industry, public authorities, city agencies, etc.

Overall FY2010 enforcement actions impacted facilities located in environmental justice communities, tribal land and federal facilities.  These actions will result in the investment of more than $2 billion by respondents in pollution control and cleanup. Respondents were required to reduce, treat or eliminate over 192 million pounds of pollutants including over 10 million pounds of hazardous wastes.  Civil penalties of over $10 million were associated with FY2010 enforcement actions.
 
EPA Region 2 is committed to ensuring the integration of environmental justice into all regional programs, policies and activities to achieve measurable results for the environment and the public health of disproportionately affected communities.  Our accomplishments include enforcement, compliance assistance and partnerships covering a variety of environmental regulations.  Region 2 conducted a multimedia investigation at the Tonawanda Coke facility in New York resulting in enforcement actions for CWA, CAA, RCRA and emergency response.  The co-residential dry cleaner initiative has targeted 6 facilities for inspections in EJ communities.  Inspections conducted in our Environmental Justice Showcase Community located in the North Shore of Staten Island, NY revealed potential violations with CWA, CAA and RCRA at several facilities and appropriate enforcement actions were taken, with violations corrected. In addition, compliance assistance site visits were made to 44 child care centers to educate the owner/operators of their responsibilities under FIFRA, an act which regulates toxic chemicals designed to control pests.  Under our Ironbound Community Action for Renewed Environment Project, we have a partnership with NJ Department of Health & Senior Services, Rutgers University and City of Newark to gather data in the EJ communities to determine cumulative impact of pollution on local residents.

In the past year Region 2 reached out to more than 135,000 regulated entities through compliance assistance on various regulatory issues ranging from pesticides, wet weather, pretreatment, public water systems, and lead paint and various sectors, including ports, tribal, municipalities, auto body and pharmaceutical.  This compliance assistance was delivered through various means including site visits, workshops, meetings, mass mailings and tool development.


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Compliance and Enforcement Annual Results
Numbers at a Glance
Region 2

Results Obtained from EPA Civil Enforcement Actions
Estimated Environmental Benefit Commitments:  
  Direct Environmental Benefits  
 
  • Pollution Reduced, Treated or Eliminated (Pounds) (1)
181,592,234
 
  • Hazardous Wastes Treated, Minimized or Properly Disposed Of (Pounds) (1)
10,343,631
 
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
1,410,609
 
  • Contaminated Water to be Cleaned Up (Cubic Yards)
23,179,982
 
  • Stream Miles Protected or Restored (Linear Feet)
0
 
  • Wetlands Protected or Restored (Acres)
22
 
  • People Protected by Safe Drinking Water Act Enforcement (# of People)
6,591,199
Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) $2,104,676,371
Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) $4,497,437
Civil Penalties Assessed  
  Administrative Penalties Assessed $3,167,484
  Judicial Penalties Assessed $5,947,729
  State/Local Judicial Penalties Assess From Joint Federal-State/Local Enforcement Actions (2) $430,199
  Stipulated Penalties Assessed $83,025
   
Civil Enforcement and Compliance Activities
Referrals of Civil Judicial Enforcement Cases to Department of Justice (DOJ) 18
Supplemental Referrals of Civil Judicial Enforcement Cases to DOJ 5
Civil Judicial Complaints Filed with Court 23
Civil Judicial Enforcement Case Conclusions 28
Administrative Penalty Order Complaints 201
Final Administrative Penalty Orders 205
Administrative Compliance Orders 174
Cases with Supplemental Environmental Projects 15
   
Compliance Monitoring Activities
Inspections/Evaluations 2,629
Civil Investigations 14
Number of Regulated Entities Taking Complying Actions as a Direct Results of On-Site EPA Inspections/Evaluations 140
 
Superfund Cleanup Enforcement
Amount Committed by Liable Parties to Clean up Superfund Sites $109,804,290
Amount Committed by Liable Parties to Pay for Government Oversight of Superfund Cleanups $8,819,848
Amount Committed by Liable Parties to Reimburse the Government for Money Spent Cleaning up Superfund Sites $25,818,692
   
Voluntary Disclosure Program
Commitments to Reduce, Treat or Eliminate Pollution as a Result of Voluntary Disclosures (pounds) 30,060
Voluntary Disclosures Initiated (Facilities) 215
Voluntary Disclosures Resolved (Facilities) 80
Voluntary Disclosures Initiated (Companies) 44
Voluntary Disclosures Resolved (Companies) 50
   
Compliance Assistance
Assistance Tools (3) 76,645
Workshops and Training 27
Facility Visits, Re-visits and Ongoing Facility Specific Work 124

Sources for Data displayed for Numbers at a Glance:  Integrated Compliance Information System (ICIS), Criminal Case Reporting System, 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, 2010.

Footnotes:

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

(2)This measure reports on penalties assessed in federal civil judicial enforcement cases that are awarded to a state or local government co-plaintiff in the case.

(3)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. 

New Jersey

Civil Enforcement
Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment:  
   Direct Environmental Benefits  
  • Pollution Reduced, Treated or Eliminated (Pounds) (1)
4,248,147
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
1,305,489
  • Contaminated Water to be Cleaned Up (Cubic Yards)
23,174,312
Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) $100,057,728
Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) $645,665
Civil Penalties Assessed $2,025,752
Civil Enforcement and Compliance Activities
Civil Judicial Enforcement Case Conclusions 15
Final Administrative Penalty Orders 32
Administrative Compliance Orders 27

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New York

Civil Enforcement
Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment:  
   Direct Environmental Benefits  
  • Pollution Reduced, Treated or Eliminated (Pounds) (1)
41,163,044
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
82,120
  • Contaminated Water to be Cleaned Up (Cubic Yards)
5,670
Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) $1,786,877,769
Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) $375,898
Civil Penalties Assessed $1,851,622
Civil Enforcement and Compliance Activities
Civil Judicial Enforcement Case Conclusions 7
Final Administrative Penalty Orders 121
Administrative Compliance Orders 89

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Puerto Rico

Civil Enforcement
Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment:  
   Direct Environmental Benefits  
  • Pollution Reduced, Treated or Eliminated (Pounds) (1)
145,578,554
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
23,000
  • Contaminated Water to be Cleaned Up (Cubic Yards)
0
Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) $221,696,781
Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) $3,475,874
Civil Penalties Assessed $5,593,708
Civil Enforcement and Compliance Activities
Civil Judicial Enforcement Case Conclusions 6
Final Administrative Penalty Orders 48
Administrative Compliance Orders 56

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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)
1,000,000
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
0
  • Contaminated Water to be Cleaned Up (Cubic Yards)
0
Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) $347,500
Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) $0
Civil Penalties Assessed $32,137
Civil Enforcement and Compliance Activities
Civil Judicial Enforcement Case Conclusions 0
Final Administrative Penalty Orders 4
Administrative Compliance Orders 2

 

Footnotes:

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

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

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Federal Case Highlights Presented State-by-state

New Jersey

Wall Herald Corporation

On June 18, 2010, the U.S. District Court for the District of New Jersey entered a Consent Decree to settle a cost recovery action brought by EPA against Wall Herald Corporation.  As part of the settlement, Wall Herald has agreed to pay approximately $20 million for past and future cleanup costs incurred by the federal government at the former Monitor Devices Superfund site in Wall Township, N.J.  Wall Herald is the owner of the site.  Monitor Devices, a tenant of Wall Herald, generated wastewater which was discharged directly onto the ground, resulting in contaminated soil and ground water at the site.

Under the settlement, Wall Herald will reimburse EPA for its investigation of soil and ground water at the site and the development of the cleanup plan.  The remainder of the money will pay for the cost of completing the cleanup.

Middlesex County and Edgeboro Landfills

In the summer of 2010, EPA, the Justice Department and the New Jersey Department of Environmental Protection reached agreements to resolve longstanding problems with landfill gas emissions and their negative impacts on air quality at the Middlesex County and Edgeboro landfills in New Jersey. The settlements resolve outstanding Clean Air Act compliance issues at the landfill facilities. The active Middlesex County landfill, owned and operated by MCUA, is located directly adjacent to and on top of the Edgeboro landfill, an older landfill that no longer accepts waste.  The landfills are located in East Brunswick Township, N.J.

Under the agreements, both facilities will enhance environmental controls at the site, conduct regular monitoring and make other required multimillion dollar infrastructure improvements to meet federal standards. Landfill gas collected at the site is treated and then used to generate electricity.

EPA anticipates extensive environmental improvements at the landfills, resulting in the capture and control of about 129 tons per year of nonmethane organic compounds, a contributor to smog, and 20,000 tons per year of methane and 58,000 tons/yr of carbon dioxide, pollutants that contribute to climate change.  Under the agreements, the defendants must pay a civil penalty of more than $2 million.

Landmark at Rahway

On February 9, 2010, EPA fined a New Jersey development company, Landmark at Rahway, LLC, $85,000 for its failure to properly control stormwater that ran off the Park Square 3.5 acre construction site.  During an inspection of the site EPA found that Landmark failed to develop a stormwater pollution prevention plan and, as a result, did not implement and maintain necessary stormwater pollution controls and best management practices. The company also failed to conduct and document weekly site inspections.

Improper management of stormwater can have serious environmental consequences for harbors, rivers, lakes and streams, and the violations at the Park Square site compromised surrounding waterways.  Under federal Clean Water Act regulations, developers of sites one acre or larger are required to follow requirements aimed at reducing stormwater because soil and contaminants can run off into nearby waterways.

Supreme Asset Management

On February 17, 2010, EPA finalized a Consent Agreement and Final Order resolving an enforcement action that the Agency had brought against Supreme Asset Management and Recovery of Lakewood, N.J.   The settlement required the company to pay a civil penalty of $90,000 to resolve the complaint that EPA had filed, asserting that the company had violated the federal Solid Waste Disposal Act by exporting non-working computer monitors to Hong Kong without notifying EPA.  Computer monitors contain cathode ray tubes (CRTs), which typically contain 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.

Drew University

In March 2010, EPA Region 2 issued Drew University an administrative complaint pursuant to RCRA, alleging that the university had failed to make hazardous waste determinations, failed to minimize potential releases of hazardous waste and hazardous constituents from its facility, and stored hazardous waste without interim status or a permit.   This action was taken in response to a citizen complaint.  The citizen had observed dozens of open containers of paint, adhesives, stains, and other unknown materials stored outside in close proximity to a pond and residential homes.  Although the waste was ultimately disposed of properly, an EPA inspection determined that Drew was out of compliance with numerous hazardous waste management requirements.

EPA and Drew University entered into a Consent Agreement and Final Order resolving the action.  Drew paid a $145,000 penalty and submitted a report demonstrating compliance with the aforementioned requirements.  

Lightman Drum Site
On June 2, 2010, EPA issued a unilateral administrative order requiring 23 Respondents to conduct and finance the Remedial Design and Remedial Action for the contaminated groundwater at the Lightman Drum Superfund Site in Winslow Township, New Jersey.  During the 1970s, the Lightman Drum Company operated an industrial waste hauling and drum reclamation business at the Site.  The groundwater remedy required by EPA’s order has an estimated cost of $10 million.  

Janssen Pharmaceutical

On April 7, 2010, EPA ordered Janssen Pharmaceutical to stop the sale and/or distribution of PEMBOTEC 400 SC, a post-harvest fungicide.  Several batches were found to be contaminated with the fungicide lmazalil.  The contamination was traced to poor quality control procedures at a contract manufacturer in Germany.  The adulterated product was removed from seven fruit packing houses across the United States and destroyed.  In addition, on September 17, 2010, EPA finalized a settlement agreement in which Janssen agreed to pay a $105,000 penalty for the sale and/or distribution of the adulterated product.  The company also agreed to review the quality control procedures of its contract manufacturers.

New York

City of Oswego

On August 5, 2010, a Consent Decree was entered by the U.S. District Court for the Northern District of New York between the EPA, the State of New York and the City of Oswego resolving long-standing problems with unpermitted sewer overflows from the city’s west side sewer system which discharged raw sewage directly to local water bodies during periods of heavy rainfall or snowmelt.  These untreated discharges often carry bacteria, pathogens and other harmful pollutants which can seriously degrade water quality, kill aquatic life and threaten public health.

Under the settlement, the city has agreed to undertake an estimated $87 million in improvements to its west side sewer system.  Specific measures include at least 75 percent separation of the combined portion of its collection system into sanitary and stormwater components, a 50 percent expansion of the west side waste water treatment plant’s treatment capacity, the disconnection of catch basins to reduce the inflow of rain water into the existing sanitary sewer system, major improvements to its operation and maintenance program, upgrading the pump station that conveys flow within the collection system to the wastewater treatment plant, optimizing treatment at the one currently permitted combined sewer overflow point, and sewer financing reforms.

It is estimated that the final Combined Sewer Overflow (CSO) and Sanitary Sewer Overflow (SSO) implementation program will eliminate approximately 15 SSO events per year and approximately 30 CSO events per year and greatly reduce the amount of pollution entering the Oswego River and Lake Ontario.

Motors Liquidation Company (formerly the General Motors Corporation)

On August 18, 2010, EPA ordered the Motors Liquidation Company (MLC) to remove materials and soil contaminated with polychlorinated biphenyls (PCBs) from portions of the General Motors Central Foundry Division Superfund site in Massena, New York.  PCBs, banned by Congress in 1976, have been found in the plant’s equipment, the piping and concrete flooring, and in tunnels and soil located underneath the buildings. These PCBs, a probable human carcinogen which also affect human immune, reproductive, nervous and endocrine systems, could pose a threat of further release in the event of improper demolition and excavation activities.

Under the order, MLC will be responsible for additional sampling, decontamination of the building and its contents, demolition of the building, removal of PCB-contaminated soil beneath the building and restoration of the area.  EPA’s oversight of the work will ensure that over 92-million pounds of PCB-contaminated material and soil handled as part of demolition and excavation operations at the site comply with all federal and state laws and regulations.

City of New York

On January 19, 2010, EPA reached an agreement with the City of New York to address the risks posed by polychlorinated biphenyls (PCBs) in caulk found in some of its 1,600 city schools. The agreement is intended to result in a citywide approach to assessing and reducing potential exposures to PCB-laden caulk in schools.  Although Congress banned the manufacture and most uses of PCBs in 1976, there is evidence that many buildings across the country constructed or renovated from 1950 to 1978 have PCBs at high levels in the caulk around windows and door frames, between masonry columns and in other masonry building materials.  Exposure to these PCBs may occur as a result of their release from the caulk into the air, dust, surrounding surfaces and soil, and through direct contact.

The agreement requires the city to conduct a pilot study in five schools to determine the most effective strategies for assessing and reducing potential exposures to PCBs in caulk. The city will then produce a proposed plan for any cleanups needed in the five schools and use this information to develop a recommended citywide management plan for reducing exposure to PCBs in caulk in school buildings.  This study will help all parties better understand the potential risks posed by PCBs in caulk, with the ultimate aim of reducing the exposure of school children, teachers and others who work in schools to PCBs.  The anticipated cleanups are expected to result in the removal of over 3,000 pounds of PCB-laden caulk from the five pilot study schools.

U.S. Army and the Army and Air Force Exchange Service

On June 18, 2010, EPA signed a Consent Agreement and Final Order with the U.S. Army and the Army and Air Force Exchange Service for failing to comply with environmental laws related to underground tanks used to store diesel fuel, gasoline and used oil at the West Point Garrison in New York.  Both military branches failed to monitor, test and keep records for their underground petroleum storage tanks. Leaking underground storage tanks pose significant threats to soil, surface water and ground water.  In this instance, given the proximity of the West Point facility to both a source of public drinking water and the Hudson River, leaks from its underground diesel, gasoline and used oil storage systems could have caused a serious environmental problem.

As part of the settlement, the Army and the Army and Air Force Exchange Service paid $91,250 in penalties, returned the 87,000-gallon capacity underground storage tank systems to compliance, and committed to maintain compliance for the remainder of the life of these tank systems.

Tonawanda Coke Corp

EPA took several enforcement actions to ensure environmental compliance at the Tonawanda Coke Corp. (TCC).  On January 7, 2010, EPA issued an Administrative Order to TCC citing violations of the National Emission Standards for Hazardous Air Pollutants under the Clean Air Act.  In response to this action, TCC conducted stack testing on their battery underfire/waste heat stack and boiler stack to determine emissions from these sources, conducted environmental testing known as Differential Absorption Light Detection and Ranging (DIAL) to determine what levels of benzene are being emitted from their coke operation and conducted a leak detection investigation to find and repair fugitive emissions.

In August 2010, TCC began removing four large tanks from its coke manufacturing facility and recycling the tanks’ contents.  Two of these tanks had burned in 2007 following a failed dismantling attempt, while the other two tanks were intact.  The tanks contained tar storage tank residue and decanter tank tar sludge.  The actions resolve a Resource Conservation and Recovery Act administrative complaint that TCC disposed of hazardous waste without a permit by mixing its decanter tank tar sludge with coal in piles on the ground and failed to minimize its hazardous waste releases at its facility.

Also in August, EPA issued an Administrative Order to ensure that TCC comply with its Clean Water Act permit.  TCC is charged with discharging industrial wastewater containing cyanide in excess of its permit limits to the Town of Tonawanda’s sanitary sewer system.

Additionally, on July 29, 2010, a federal grand jury returned an Indictment charging TCC and its Environmental Control Manager, Mark L. Kamholz, with a variety of environmental and other federal crimes.  Specifically, the Indictment charges the defendants with 15 counts of violating the federal Clean Air Act.  The Indictment also alleges the defendants engaged in obstruction of justice during an inspection conducted by the U.S. Environmental Protection Agency in April of 2009.  Finally, the defendants are charged with four counts of storing, treating and disposing of hazardous waste without a permit to do so, in violation of the Resource Conservation and Recovery Act.  The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

New York City Department of Environmental Protection (26th Ward WWTP)

On October 16, 2009, EPA issued an Administrative Order requiring New York City to repair Regulator No. 1 at its 26th Ward wastewater treatment facility.  Regulator No. 1 had collapsed causing 1.8 million gallons of raw sewage to discharge into Jamaica Bay.  The importance of this flow regulator is that it determines the point at which surging influent is diverted away from the wastewater treatment plant and into Jamaica Bay.  At the present time, the 26th Ward wastewater plant must divert excess stormwater to Jamaica Bay during significant storm events in order to protect its treatment processes.  EPA’s order required the city to stabilize and repair the collapsed regulator, which has been fundamentally completed, and to evaluate raising the regulator’s overflow weir thereby maximizing the flow to the treatment plant.  The raising of this weir would further decrease future Combined Sewer Overflows to Jamaica Bay.

Puerto Rico

Puerto Rico Aqueduct and Sewer Authority

Under a consent decree entered by the court on August 24, 2010, the Puerto Rico Aqueduct and Sewer Authority (PRASA) has agreed to implement major capital improvements and upgrades over the next 15 years to resolve longstanding violations of the Clean Water Act at 126 drinking water plants across the island that discharge into Puerto Rico’s lakes, rivers and streams, some of which are sources of drinking water.  Most of the communities served by the drinking water treatment plants that will be upgraded under the agreement are in low income communities.

EPA estimates that the agreement will annually reduce major pollutants from entering into Puerto Rico’s water bodies of suspended solids by 15 million pounds per year, residual chlorine by 600,000 pounds per year, and discharges of total phosphorous by 250,000 pounds per year.

The agreement requires PRASA to invest more than $195 million in improvements.  PRASA has also paid a $1.02 million civil penalty.  Under the decree, PRASA will complete 291 short-, mid-, and long-term capital improvement projects, which will include the construction of 34 treatment systems at facilities that currently are discharging untreated sludge into local waterways, installation of flow meters and high-level indicators at all PRASA facilities, improvements to sampling locations, capacity evaluations at over 50 facilities, implementation of an island-wide preventive maintenance program and facility operator training.  In addition, PRASA will set aside $2.2 million to design and construct an aeration system that will increase oxygen levels in Lake Toa Vaca or both Lake Toa Vaca and Lake Cidra.  This project, when implemented, will enhance the condition of the aquatic ecosystem and restore the water quality of the lakes.

Caribbean Petroleum Refining

On February 19, 2010, EPA issued a Unilateral Administrative Order for Removal Activities to Caribbean Petroleum Refining (CPR), directing the company to undertake oil cleanup activities at its facility in Bayamon, Puerto Rico.  CPR did not comply with the Order.  Therefore EPA expanded its oil cleanup activities on March 8, 2010.  On March 25, 2010, EPA formally took control of the oil cleanup activity.  In addition, beginning in March, 2010, EPA initiated a CERCLA removal action to address threats from significant hazardous substance contamination remaining at the Site.  The removal action is in its early stages and is ongoing.

After the initial emergency response, EPA’s work at the CPR facility has included the removal of oil contaminants from: secondary containment systems, from the remaining tanks and pits located throughout the facility; demolition of tanks in the north areas of the tank farm, and the removal and staging of contaminated soil.  EPA continues off-site monitoring for oil sheen migration, water sampling from outfalls, and air monitoring during response operations.  In addition, EPA plans to continue recovery, transportation, and disposal of oil-impacted, non-hazardous soils; dismantling/demolition of tanks in the north tank farm; decontamination of metals/debris; recovery of oil-impacted water from several tanks; and removal of oil contaminated soils from the north tank farm area and in containment areas for some of the remaining tanks.

This work is being undertaken in response to an October 2009 explosion and fire at the CPR facility.  EPA has excavated nearly 780 cubic yards of soil contaminated with petroleum from the mid to eastern portions of the property. In total, EPA estimates that approximately 1,750 cubic yards of contaminated soil will be excavated.  This contaminated soil will be disposed of at an off-site permitted disposal facility.

Shell Chemical

On September 2, 2009, EPA fined Shell Chemical of Yabucoa, Puerto Rico $155,057.  This fine is in addition to a penalty of $1,025,000 Shell paid in May, 2009 for similar violations.  EPA alleged that Shell violated the Clean Water Act by improperly maintaining its deep ocean outfall equipment, discharging unauthorized pollutants in excess of permit limits, discharging pollutants into Santiago Creek and the Caribbean Sea at unpermitted locations, and failing to report certain discharge data.  In the event Shell restarts petrochemical activities at the facility, the company is required to install a 1.34 million gallon storage facility for contaminated stormwater.   

Metropolitan Bus Authority of Puerto Rico

On August 24, 2010, the U.S. District Court for the District of Puerto Rico approved and entered a settlement between EPA and the Metropolitan Bus Authority of Puerto Rico resolving hazardous waste violations found at the Authority’s central maintenance facility.  This facility services the Authority’s fleet of buses and other vehicles which provide the bulk of ground transportation in the San Juan, metropolitan area. 

The Authority stored hazardous waste without a permit, failed to identify hazardous waste, violated used oil storage and remediation requirements, operated in a manner which failed to minimize releases of hazardous waste and hazardous waste constituents and failed to develop a Contingency Plan for the facility.

Since the Authority was in violation of a previous enforcement order, it paid a $1.2-million penalty, shipped approximately 15,000 pounds of hazardous waste off-site, and agreed to undertake a third-party audit of the facility to address full compliance with the environmental requirements.

Bo. Real Community

On June 21, 2010, EPA issued an Administrative Compliance Order to the Bo. Real Community for operating a public water system (PWS) that was not in compliance with the Surface Water Treatment Rule (SWTR).  The SWTR requires a surface water PWS to filter, disinfect and sample the drinking water it provides.  The Bo. Real Community PWS, which serves approximately 1,000 people, was not filtering or sampling the water it provides.  Due to financial and technical limitations, EPA has placed Bo. Real Community under a compliance schedule that requires them to achieve full compliance with the SWTR by June 21, 2011.

U.S. Virgin Islands

St. Croix Department of Public Works 

On March 2, 2010, EPA issued an emergency order directing the Virgin Island Waste Management Authority (VIWMA) to immediately stop discharges from the Figtree and LBJ pump stations on St. Croix.  Region 2’s order also required the VIWMA to implement measures to prevent equipment failures.  Equipment failures at the Figtree pump station led to daily discharges of 300,000 to more than 1 million gallons of raw sewage from January to March, 2010 into several water bodies that feed into the Caribbean Sea.  This wastewater should have flowed to the Anguilla Wastewater Treatment Plant. 
The VIWMA stopped the discharges from the two pump stations and immediately installed a second house pump at the Figtree to ensure that there were two functioning pumps.  

K Mart

On May 18, 2010, EPA reached an agreement with K Mart regarding the company’s management of hazardous waste and universal waste lamps at three of its Virgin Islands locations.  Most significantly K Mart had improperly disposed of over 8,000 mercury-containing waste lamps.  Mercury is a highly toxic substance that persists in the environment and can enter the food chain.  As a result of this agreement, K Mart paid a $28,812 penalty and instituted procedures to properly manage its hazardous and lighting wastes.

Virgin Islands Landfills (a.k.a., VIWMA)

In May 2010, a judicial Complaint was filed by the Department of Justice on behalf of EPA to bring the Anguilla Landfill, located on St. Croix, and the Bovoni Landfill, located on St. Thomas, into compliance with the Resource Conservation and Recovery Act and the Clean Air Act.  Both landfills are operated by the Virgin Islands Waste Management Authority (VIWMA) on behalf of the Virgin Islands government. 

EPA will require the landfills to institute final closure under an approved schedule, install gas control and collection systems, and develop a 30-year post-closure care plan.  These actions will control the unabated release of landfill gases, which are made up of methane, non-methane organic compounds and hazardous air pollutants. 

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