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2009 Region 4 Compliance and Enforcement Annual Results


2009 Annual Results Topics

Civil Enforcement Highlights

Criminal Enforcement Highlights

Compliance Assistance Highlights

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Federal Data by State
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Map of EPA Region 4 Alabama Florida Georgia Kentucky Mississippi North Carolina South Carolina Tennessee Alabama
Florida
Georgia
Kentucky
Mississippi
North Carolina
South Carolina
Tennessee

Enforcement and compliance actions concluded in Region 4 in fiscal year (FY) 2009 will result in the investment of more than $2 billion by respondents in pollution control and cleanup. This is the largest amount ever achieved by Region 4 and represents 46% of Agency total amount for investments to reduce pollution. Respondents in Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee, and on tribal lands are required to clean up more than 54 million cubic yards of contaminated soil and water, and implement more than $14 million in Supplemental Environmental Projects. Additionally, more than 100 million pounds of pollutants will be reduced or treated, and nearly 64 million pounds of hazardous wastes will be treated, minimized or properly disposed of. An innovative Comprehensive Environmental Response, Compensation and Liability Act 106 Order with the Tennessee Valley Authority will result in a $9.75 million cleanup of more than 5.4 million cubic yards of fly ash.

EPA Region 4 made substantial contributions to important environmental problems that the Agency has designated as National Priorities. Region 4 National Priority cases will result in the reduction of 89.6 million pounds of pollution; the treatment, minimization or disposal of more than 61 million pounds of hazardous waste; and more than $850 million in injunctive relief.

EPA Region 4 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 affected communities. In FY 2009, Enforcement and compliance assurance activities and accomplishments have resulted in the reduction of more than 69 million pounds of pollutants in communities and populations that may be disproportionately impacted by pollution. The reductions and removal of these pollutants can have positive impacts on the health of those living near these facilities. This is especially important for those vulnerable populations who are most affected by these pollutants, i.e., people with asthma who are active outdoors, children, the elderly, and people with heart or lung disease. Enforcement actions completed in Region 4 will also ensure that more than $250,000 will be spent for Supplemental Environmental Projects benefiting communities and populations that could be disproportionately impacted by non-compliance with environmental laws. Approximately $3.3 million in federal penalties will be assessed for companies located in these communities. This is nearly half of the total federal penalties assessed in Region 4.

In the past year in Region 4, more than 61,000 entities received compliance assistance through web access, training sessions and one-on-one meetings.

In FY 2009, Region 4 finalized decisions on 20 disclosures submitted by participants in the Region's Compliance Incentive Initiative for Colleges and Universities. More than 1,000 violations were disclosed and have been corrected, resulting in the reduction or treatment of more than 2,600 pounds of pollutants.

In FY 2009, the EPA Region 4 Criminal Enforcement Program referred 34 cases for federal prosecution and 5 cases to state and local court systems. Prosecutors in Region 4 charged 39 companies and individuals with environmental crimes, most of which were felonies. A total of 27 defendants were convicted of environmental crimes. Criminal defendants were assessed $2,601,175 in fines; $109,494 in restitution and one case resulted in a $200,000 court-ordered Supplemental Environmental Project. In 2009, 83 new investigations were initiated.

 

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Compliance and Enforcement Annual Results
Numbers at a Glance
Region 4

Civil Enforcement
Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment:  
  Direct Environmental Benefits  
 
  • Pollution Reduced, Treated or Eliminated (Pounds) (1)
100,300,000
 
  • Hazardous Waste Treated, Minimized, or Properly Disposed of (Pounds) (1)  (2)
64,100,000
 
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
5,800,000
 
  • Contaminated Water to be Cleaned Up (Cubic Yards)
48,800,000
 
  • Stream Miles Protected or Restored (Linear Feet)
4,881
 
  • Wetlands Protected or Restored (Acres)
172
Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) $2,039,660,480
Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) $14,020,092
Civil Penalties Assessed  
  Administrative Penalties Assessed $4,521,765
  Judicial Penalties Assessed $3,365,956
  State/Local Judicial Penalties Assessed From Joint Federal-State/Local Enforcement Actions (3) $1,043,269
  Stipulated Penalties Assessed $60,701
   
Civil Enforcement and Compliance Activities
Referrals of Civil Judicial Enforcement Cases to Department of Justice (DOJ) 32
Supplemental Referrals of Civil Judicial Enforcement Cases to DOJ 3
Civil Judicial Complaints Filed with Court 12
Civil Judicial Enforcement Case Conclusions 23
Administrative Penalty Order Complaints 313
Final Administrative Penalty Orders 310
Administrative Compliance Orders 441
Cases with Supplemental Environmental Projects 27
   
EPA Compliance Monitoring Activities
Inspections/Evaluations 2,722
Civil Investigations 41
Number of Regulated Entities Taking Complying Actions during EPA Inspections/Evaluations 58
 
Superfund Cleanup Enforcement
Amount Committed by Liable Parties to Clean up Superfund Sites $1,036,479,252
Amount Committed by Liable Parties to Pay for Government Oversight of Superfund Cleanups $15,509,407
Amount Committed by Liable Parties to Reimburse the Government for Money Spent Cleaning up Superfund Sites $4,160,120
   
Voluntary Disclosures
Commitments to Reduce, Treat or Eliminate Pollution as a Result of Voluntary Disclosures (pounds) 4,600,000
Voluntary Disclosures Initiated (Facilities) 197
Voluntary Disclosures Resolved (Facilities) 88
Voluntary Disclosures Initiated (Companies) 167
Voluntary Disclosures Resolved (Companies) 72
   
EPA Compliance Assistance
Entities Provided with EPA Compliance Assistance (4) 61,679

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. 

Alabama
Florida
Georgia
Kentucky
Mississippi
North Carolina
South Carolina
Tennessee

Map of Region 4 States

Region 4 - ALABAMA

Civil Enforcement
Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment:
    Direct Environmental Benefits  
  • Pollution Reduced, Treated or Eliminated (Pounds) (1)
11,900,000
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
43,000
  • Contaminated Water to be Cleaned Up (Cubic Yards)
3,800,000
Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) $21,511,793
Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) $11,455
Civil Penalties Assessed $292,980
Civil Enforcement and Compliance Activities
Civil Judicial Enforcement Case Conclusions 5
Final Administrative Penalty Orders 25
Administrative Compliance Orders 233
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Region 4 - FLORIDA

Civil Enforcement
Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment:
    Direct Environmental Benefits  
  • Pollution Reduced, Treated or Eliminated (Pounds) (1)
2,000
  • Hazardous Waste Treated, Minimized or Properly Disposed Of (Pounds) (1)  (2)
12,000
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
167,000
  • Contaminated Water to be Cleaned Up (Cubic Yards)
16,800,000
Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) $41,382,193
Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) $69,650
Civil Penalties Assessed $778,313
Civil Enforcement and Compliance Activities
Civil Judicial Enforcement Case Conclusions 4
Final Administrative Penalty Orders 48
Administrative Compliance Orders 74
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Region 4 - GEORGIA

Civil Enforcement
Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment:
    Direct Environmental Benefits  
  • Pollution Reduced, Treated or Eliminated (Pounds) (1)
5,000,000
  • Hazardous Waste Treated, Minimized or Properly Disposed Of (Pounds) (1)  (2)
95,000
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
23,600
Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) $57,895,179
Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) $113,268
Civil Penalties Assessed $1,782,695
Civil Enforcement and Compliance Activities
Civil Judicial Enforcement Case Conclusions 2
Final Administrative Penalty Orders 42
Administrative Compliance Orders 20
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Region 4 - KENTUCKY

Civil Enforcement
Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment:
    Direct Environmental Benefits  
  • Pollution Reduced, Treated or Eliminated (Pounds) (1)
67,900,000
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
3,200
Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) $500,476,014
Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) $485,945
Civil Penalties Assessed $2,535,540
Civil Enforcement and Compliance Activities
Civil Judicial Enforcement Case Conclusions 5
Final Administrative Penalty Orders 46
Administrative Compliance Orders 38
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Region 4 - MISSISSIPPI

Civil Enforcement
Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment:
    Direct Environmental Benefits  
  • Pollution Reduced, Treated or Eliminated (Pounds) (1)
762,000
  • Hazardous Waste Treated, Minimized or Properly Disposed Of (Pounds) (1)  (2)
63,900,000
Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) $3,620,530
Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) $45,699
Civil Penalties Assessed $390,253
Civil Enforcement and Compliance Activities
Final Administrative Penalty Orders 20
Administrative Compliance Orders 12
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Region 4 - NORTH CAROLINA

Civil Enforcement
Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment:
    Direct Environmental Benefits  
  • Pollution Reduced, Treated or Eliminated (Pounds) (1)
9,200,000
  • Hazardous Waste Treated, Minimized or Properly Disposed Of (Pounds) (1)  (2)
83
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
84,000
  • Contaminated Water to be Cleaned Up (Cubic Yards)
1,500,000
Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) $73,041,355
Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) $344,827
Civil Penalties Assessed $868,907
Civil Enforcement and Compliance Activities
Civil Judicial Enforcement Case Conclusions 6
Final Administrative Penalty Orders 58
Administrative Compliance Orders 39
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Region 4 - SOUTH CAROLINA

Civil Enforcement
Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment:
    Direct Environmental Benefits  
  • Pollution Reduced, Treated or Eliminated (Pounds) (1)
5,600,000
  • Hazardous Waste Treated, Minimized or Properly Disposed Of (Pounds) (1)  (2)
16,700
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
121,000
Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) $60,367,468
Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) $9,824
Civil Penalties Assessed $487,861
Civil Enforcement and Compliance Activities
Final Administrative Penalty Orders 15
Administrative Compliance Orders 13
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Region 4 - TENNESSEE

Civil Enforcement
Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment:
    Direct Environmental Benefits  
  • Pollution Reduced, Treated or Eliminated (Pounds) (1)
13,100,000
  • Hazardous Waste Treated, Minimized or Properly Disposed Of (Pounds) (1)  (2)
2,000
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
5,400,000
  • Contaminated Water to be Cleaned Up (Cubic Yards)
26,700,000
Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) $1,427,666,736
Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) $12,939,424
Civil Penalties Assessed $2,029,897
Civil Enforcement and Compliance Activities
Civil Judicial Enforcement Case Conclusions 1
Final Administrative Penalty Orders 53
Administrative Compliance Orders 12
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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

Alabama
Florida
Georgia
Kentucky
Mississippi
North Carolina
South Carolina
Tennessee

Map of Region 4 States

Alabama

James Graham Brown Foundation: On October 31, 2008, a Consent Decree was entered that resolved alleged violations of the Resource Conservation and Recovery Act (RCRA) at the Brown Wood Preserving Co. site in Northport, Alabama. The facility is a wood treatment and preserving facility that has been in operation since approximately 1920, and there is substantial contamination in the soil and groundwater surrounding the facility from wood treatment chemicals. The James Graham Brown Foundation will perform corrective action at the site that will result in the removal of more than 3.7 million cubic yards of contaminated groundwater and 43,000 cubic yards of contaminated soil.

Selective, Inc., Waterford Subdivision: On January 13, 2009, EPA Region 4 performed an inspection at the Waterford Subdivision construction site in Calera, Alabama, owned and operated by Selective, Inc., and found stormwater violations. As a result, EPA issued an Administrative Order on June 1, 2009, pursuant to Section 309(a) of the Clean Water Act to bring the construction site into compliance with Alabama’s General Permit for stormwater discharges at construction projects.


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Florida

Sanford Gasification Plant Site: On January 16, 2009, the U.S. District Court, for the Middle District of Florida, Orlando Division, entered a Consent Decree for the Remedial Design/Remedial Action (RD/RA) at the Sanford Gasification Plant Site in Sanford, Seminole County, Florida. The Potentially Responsible Parties (PRPs) include the Atlanta Gas Light Company, City of Sanford, Florida Public Utilities Company, Florida Power Corporation and the Florida Power and Light Company. The PRPs have agreed to conduct and finance the RD/RA at the site and pay future oversight costs to EPA. The RD/RA will address contaminated soil, groundwater and sediments at the site. The cost of response is estimated to be $14 million and will include the removal of more than 140,000 cubic yards of waste material, primarily contaminated with lead, arsenic, benzene and polycyclic aromatic hydrocarbons.

MRI Superfund Site: On September 25, 2009, the U.S. District Court, Middle District of Florida, Tampa Division, granted a motion made by the U.S. Department of Justice on behalf of the EPA, to enter a Consent Decree for the Remedial Design/Remedial Action (RD/RA) for the second and final operable unit (OU-2) at the MRI Superfund Site in Tampa, Hillsborough County, Florida. The OU-2 remedy addresses groundwater contaminated with lead. The selected groundwater remedy is a combination of containment of the most contaminated groundwater by means of a vertical barrier wall and monitored natural attenuation outside of the barrier wall. The Potentially Responsible Party (PRP) will perform the remedy, estimated to cost approximately $6.7 million, and will pay all future response costs. An RD/RA CD for the first operable unit (OU-1) remedy, which addressed soil contamination, was entered on February 19, 2002. It is anticipated that the OU-1 and OU-2 remedies will be implemented by the PRP concurrently. Together, the two settlements account for close to complete cleanup and recovery of costs incurred at the site. This site is located in an industrial area in Tampa, Florida and was previously operated as a detinning and steel recycling facility.

More information: http://yosemite.epa.gov/opa/admpress.nsf/d0cf6618525a9efb85257359003fb69d/a19bc3e2c58d290b852576070059f8c2!OpenDocument&Highlight=2,MRI

Landia Chemical Company: Five companies and two individuals have agreed to clean up contamination at the Landia Chemical Company Superfund Site located in Lakeland, Florida. According to the settlement, the site cleanup activities will be led by the settling parties with oversight by EPA. The Consent Decree was approved by the U.S. District Court for the Middle District of Florida on August 28, 2009. Under the settlement, the companies have agreed to fund and complete an $8.5 million cleanup at the 5-acre site. The settling parties have agreed to design and implement the selected cleanup remedy and reimburse the United States for a share of future oversight costs. The selected remedy includes both the final action to address potential human exposure to contaminants in the soil at the site and an interim action to treat the most contaminated groundwater. In May 2000, EPA added the Landia Site to EPA’s National Priority List of hazardous waste sites where hazardous contaminants could impact public health or the environment. Pesticide manufacturing, blending and formulating operations were conducted on the Landia property from 1940 until 1987 by three different companies, including Standard Spray and Chemical Company, Agrico Chemical Company and Landia Chemical Company. Further, Standard Spray and Chemical Company formerly stockpiled sulfur directly on the adjacent Florida Favorite Fertilizer property. These operations resulted in the release of various pesticides, metals, semi-volatile organic compounds and volatile organic compounds into the environment.

More information: http://yosemite.epa.gov/opa/admpress.nsf/d0cf6618525a9efb85257359003fb69d/cc46208e0207564985257625004d9cea!OpenDocument&Highlight=2,Landia


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Georgia

Gwinnett Convention and Visitors Bureau: EPA and the Georgia Department of Environmental Protection Division conducted a Compliance Stormwater Evaluation Inspection of Gwinnett Braves Stadium Development on October 22, 2008. The inspection revealed that the Gwinnett Convention and Visitors Bureau failed to maintain sediment pond number 4; discharged sediment-laden water into a tributary of Little Suwannee Creek during June, July and August, 2008; and failed to minimize off-site tracking of dirt, soil, sediment and dust at the construction exit, in violation of its permit. EPA issued an Administrative Order on November 20, 2008, requiring remediation of the permit violations. On March 19, 2009, a Consent Agreement and Final Order was issued. The Gwinnett Convention and Visitors Bureau complied with the Administrative Order requirements and paid a $9,000 penalty, and the case was closed by EPA on May 29, 2009.

More information: http://yosemite.epa.gov/opa/admpress.nsf/d0cf6618525a9efb85257359003fb69d/e3fb9dd117b7b279852575d200545d19!OpenDocument&Highlight=2,Gwinnett

YKK USA: On July 22, 2009, YKK USA, Inc. (YKK), entered into a Consent Agreement and Final Order (CAFO) with EPA to settle alleged violations of the Resource Conservation and Recovery Act (RCRA). YKK is a manufacturer of zippers and owns and operates facilities located in Macon, Georgia. Pursuant to the CAFO, YKK will pay a penalty of $240,000 to resolve several alleged violations of RCRA Section 3005, and the regulations set forth at Title 40 of the Code of Federal Regulations (CFR) Part 262, and 40 CFR Part 265; and the Georgia Hazardous Waste Management Act. The alleged violations include the failure to prepare manifests for hazardous waste containers and the failure to meet certain conditions for a permit exemption relating to storage, labeling, marking, inspection and recordkeeping.

More information: http://yosemite.epa.gov/opa/admpress.nsf/d0cf6618525a9efb85257359003fb69d/7ba4e2cd35bd4cbd85257600005f4816!OpenDocument&Highlight=2,YKK

Pyrotechnic Specialties Incorporated: On September 9, 2009, Region 4 issued an Administrative Order to Pyrotechnic Specialties Incorporated (PSI), pursuant to Section 7003 of RCRA. On April 27, 28 and May 14, 2009, Region 4 performed a RCRA Compliance Evaluation Inspection (CEI) at PSI’s Facility located in Byron, Georgia. PSI is engaged in the production and sale of pyrotechnic devices which include delay compositions, ignition compositions, pelletized high explosive compositions, heat powders and other explosive compositions. During the CEI, EPA observed that PSI was storing reactive hazardous wastes in garbage bags, ammunition boxes and other containers. These conditions could cause an explosion, given the reactive characteristic of the hazardous wastes involved which are capable of detonating if subject to a strong initiating source or heated under confinement. In the event of an explosion, toxic gases and fumes could be generated in a quantity sufficient to present danger to the neighboring residents. The 7003 Order will require PSI to take certain corrective action including, but not limited to, submitting an inventory list of current generated waste, an emergency workplan and sampling data.


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Kentucky

Louisville and Jefferson County Metropolitan Sewer District: On April 15, 2009, an amended Consent Decree was entered in the Louisville and Jefferson County Metropolitan Sewer District matter for violations of the Clean Water Act that occurred since entry of the original 2005 Consent Decree. Most notable of these new violations was the practice of blending at one of its major wastewater treatment plants. This follow-up action covers monitoring, recordkeeping, reporting, pretreatment and effluent limit violations, failure to respond to an information request, and operation and maintenance problems at the wastewater treatment plants. In addition to injunctive relief to address blending and other violations, the amended Consent Decree provides for an additional civil penalty to be paid to the United States of $230,000 and the performance of a stream restoration Supplemental Environmental Project worth $400,000.

KY Utilities: On March 17, 2009, a Consent Decree (CD) for U.S. v. Kentucky Utilities Company (KU), was entered in the U.S. District Court for the Eastern District of Kentucky. The CD resolves the violations of the New Source Performance Standards, Prevention of Significant Deterioration and Title V permitting provisions of the Clean Air Act at KU's E.W. Brown coal-fired power plant in Mercer County, Kentucky. The violations arose from a modification at Unit 3 of the plant in which a reheater and turbine were replaced. The settlement includes a $1.4 million penalty, $3 million for environmentally beneficial projects and injunctive relief totaling approximately $135 million. The injunctive relief includes the installation and operation of pollution control devices which will secure major reductions in particulate matter, nitrogen oxide (NOx) and sulfur dioxide (SO2) emissions and the surrender of SO2 and NOx allowances.

More information: http://yosemite.epa.gov/opa/admpress.nsf/d0cf6618525a9efb85257359003fb69d/189cfb3b61bce07e85257552006e37af!OpenDocument

Owl’s Head Alloys: On July 17, 2009, a Joint Stipulation of Settlement was filed and entered by the Western District of Kentucky, U.S. District Court. The settlement requires Owl’s Head Alloys, Inc., located in Bowling Green, Kentucky, to pay a $255,000 penalty, which will be divided equally between the co-plaintiffs, the Commonwealth of Kentucky and the United States. The Complaint, which had been filed along with the Joint Stipulation of Settlement by the Department of Justice on July 8, 2009, alleged several violations of National Emission Standards for Hazardous Air Pollutants regulations. During settlement negotiations, Owl’s Head Alloys, a small business, corrected all the violations alleged by the government.


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Mississippi

Mississippi Phosphates: During a meeting and site visit at the Mississippi Phosphates Corporation (MPC) facility on July 13 and 14, 2009, EPA and Mississippi Department of Environmental Quality (MDEQ) inspectors found evidence of mismanagement of leaks and spills of corrosive hazardous wastes throughout the facility, including spills into outfalls adjacent to Bayou Casotte. On August 11 and 12, 2009, EPA, accompanied by MDEQ, performed a sampling investigation at MPC and confirmed the hazardous characteristics of the wastes observed during the July 2009 site visit. In addition, groundwater contamination was confirmed by EPA sampling at the site. On September 22, 2009, EPA issued an Imminent and Substantial Endangerment Order to the facility under Section 7003 of the Resource Conservation and Recovery Act. The order required, among other things, that the facility: develop an Environmental Management System; measure air quality; provide adequate personal protective clothing to employees; improve and certify the functionality of elementary neutralization systems; and prepare a plan to remediate contaminated soil and groundwater. The facility has agreed to comply and has already initiated many of the corrective actions, including treating hazardous wastes through elementary neutralization. As a result of the 7003 Order, approximately 364,000 gallons of corrosive hazardous waste will be treated or eliminated and 715 pounds of chromium will be eliminated.

More information: http://yosemite.epa.gov/opa/admpress.nsf/d0cf6618525a9efb85257359003fb69d/9106f2a42503dd86852576400054e4be!OpenDocument


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North Carolina

Domtar (former Weyerhaeuser Site): On January 7, 2009, the U.S. District Court, Eastern District of North Carolina, entered a Consent Decree (CD) titled United States v. Domtar Paper Company, LLC. This CD is for the Remedial Design/Remedial Action for Operable Unit 4 (OU-4) at the Domtar Site in Plymouth, North Carolina. OU-4 consists of contaminated sediments in Welch Creek, a tributary of the Roanoke River. The remedy includes the installation of an engineered cap in Welch Creek, as well as continued monitoring.

Chemical Specialties: On September 24, 2009, the Region 4 Judicial Hearing Clerk approved a Consent Agreement and Final Order (CAFO) between EPA and Chemical Specialties, Inc., in Harrisburg, North Carolina. The CAFO resolves EPA's allegations that Chemical Specialties failed to submit reports to EPA concerning the manufacture or import of 16 different chemicals during the applicable submission period. Chemical Specialties has paid a penalty of $33,431. The company is also conducting a Supplemental Environmental Project that includes the installation of a scrubber that will reduce emissions of ammonia by up to 3,460 pounds and acetic acid by an additional 12,400 pounds. The project will also result in the enrichment and conversion of up to 680,000 pounds of ammonium acetate scrubber waste into a commercially viable feedstock that will prevent this waste material from having to be disposed in a landfill.

Wendell Falls Development: On July 14, 2009, three Consent Agreements and Final Orders (CAFOs) were approved by the Regional Judicial Officer, concluding three enforcement actions for violations of Section 402 of the Clean Water Act at the Wendell Falls SF-1, Wendell Falls SF-15 and Wendell Falls Parkway construction sites, owned by Wendell Falls Development, located in Wendell, North Carolina. Violations were alleged for missing and inadequate stormwater controls, lack of maintenance, missing inspection reports and discharge of sediment-laden stormwater into receiving waters. A penalty of $7,000 was assessed for each construction site. These enforcement actions resulted from inspections conducted by EPA Region 4 on September 25, 2008.

More information: http://yosemite.epa.gov/opa/admpress.nsf/d0cf6618525a9efb85257359003fb69d/f59163266e0c36b385257655004db825!OpenDocument

Eastern Band of Cherokee Indians: An Administrative Compliance Order was issued on May 12, 2009 to the Eastern Band of Cherokee Indians for violations of its National Pollutant Discharge Elimination System Permit at the Rough Branch wastewater treatment plant in Cherokee, North Carolina. The order is an extension of the construction schedule and required the Tribe to eliminate the Rough Branch wastewater treatment plant discharge by no later than October 31, 2009. Progress reports were submitted to indicate that the discharge was eliminated on October 19, 2009. Compliance with the order resulted in the removal of more than 16,000 pounds of pollutants.


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South Carolina

Savannah River Site: In January 2009, final orders were issued for clean up at two areas at the Savannah River Site (SRS) in Aiken, South Carolina. An Early Action Record of Decision for the P Area, which encompasses approximately 126 acres and is located in an upland area between Steel Creek and Lower Three Runs watersheds near the geographical center of the SRS, will provide for the treatment and removal of 112,556 cubic yards of contaminated soil. The order allows for some of the closure activities for the P Reactor Building to proceed earlier, resulting in accelerated remediation by 2012, thus reducing risk and decreasing the size of the contaminated footprint associated with the SRS waste units more quickly. A Record of Decision for the M Area addresses a release of tetrachloroethylene and trichloroethylene using passive soil vapor extraction to remove contaminants. This response will remove contamination and prevent migration of contaminants into the groundwater. In addition, institutional controls will be put in place to prevent future incompatible development in the area.

Parkline Development -- Huntington Place: On December 9, 2009, EPA Region 4 performed an inspection at the Huntington Place construction site in York County, South Carolina, owned and operated by Parkline Development Corporation, and found stormwater violations. As a result, EPA issued an Administrative Order on March 23, 2009, pursuant to Section 309(a) of the Clean Water Act to bring the construction site into compliance with South Carolina's General Permit for stormwater discharges at construction projects.


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Tennessee

TVA Kingston Fossil Fuel Plant: On May 11, 2009, the EPA signed an enforceable agreement with the Tennessee Valley Authority (TVA) to oversee the removal of coal ash at the TVA Kingston Fossil Fuel Plant in Roane County, Tennessee, where more than five million cubic yards of coal ash spilled. Under the Administrative Order and Agreement on Consent which was entered into under the Superfund law, EPA is overseeing the cleanup and TVA is reimbursing EPA for its oversight costs.

More information: http://yosemite.epa.gov/opa/admpress.nsf/2ac652c59703a4738525735900400c2c/7e39c49bea407817852575b30064e666!OpenDocument&Highlight=2,TVA

Metropolitan Government of Nashville and Davidson County: On March 12, 2009, a Consent Decree (CD) was entered in the Metropolitan Government of Nashville and Davidson County matter for violations of Section 301 of the Clean Water Act. The violations included unauthorized discharges of pollutants into waters of the U.S., and failure to comply with permit requirements at its combined sewer locations. With a goal of eliminating sanitary sewer overflows and achieving compliance with the EPA’s Combined Sewer Overflow Control Policy, the CD requires Nashville to implement appropriate injunctive relief costing approximately $350 million. In addition, Nashville will pay a civil penalty of $564,038, half of which will be paid to the U.S. Treasury and the other half will be paid to the State of Tennessee through the performance of a State Project, as allowed under Tennessee law. Nashville has also agreed to perform a Supplemental Environmental Project to extend sewer service to two areas currently served by defective septic tanks.

Memphis Light, Gas and Water: On November 5, 2008, Region 4 filed a Consent Agreement and Final Order (CAFO) that settles allegations of Toxic Substances Control Act (TSCA) violations for polychlorinated biphenyl (PCB) committed by Memphis Light, Gas and Water (MLGW). The violations included improper PCB dilution, disposal, distribution, storage, marking and recordkeeping. The most serious violation involved MLGW’s long-standing practice of draining oils from transformers containing regulated concentrations of PCBs, diluting and commingling those oils in storage tanks at its central shops with oil containing less than regulated amounts of PCBs, and then disposing of the oil as non-PCB oil. Under the CAFO, MLGW will pay a civil penalty of $1,220,576 and conduct a Supplemental Environmental Project (SEP). The penalty is the highest in an EPA TSCA PCB enforcement action that includes a SEP. It is the largest PCB penalty ever attained by Region 4, and is one of the nation’s largest PCB penalties. Under the SEP, MLGW will conduct a $10 million “Voluntary Accelerated PCB Removal Program” that will significantly reduce the number of transformers, capacitors and oils that contain regulated quantities of PCBs within three years. The SEP is part of MLGW’s long-term 10-year effort to remove from service all PCB equipment that contains regulated amounts of PCBs. Both the short-term and long-term efforts will result in an overall reduction of PCBs in use and decrease the risk for potential adverse environmental and health impacts associated with PCB exposure. Upon completion of the SEP, it is estimated that approximately 1,216,000 pounds of PCBs will be removed from the environment.

More information: http://yosemite.epa.gov/opa/admpress.nsf/d0cf6618525a9efb85257359003fb69d/66baab51c5160bc5852574fa00585340!OpenDocument


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