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2010 Region 4 Compliance and Enforcement Annual Results
Compliance and Enforcement Annual Results
Federal Data by State
Click on each state to find federal data
|
Alabama Florida Georgia Kentucky Mississippi North Carolina South Carolina Tennessee |
Enforcement actions concluded in Region 4 in fiscal year 2010 (FY 2010) will result in the treatment, minimization or proper disposal of more than 9.8 billion pounds of hazardous wastes. More than 53 million pounds of pollutants will be reduced or treated and more than 16 million cubic yards of contaminated soil and water will be cleaned up. Respondents in Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee, and on tribal lands will invest more than $420 million in pollution control and cleanup as a result of enforcement and compliance actions concluded this year and will implement more than $5 million in Supplemental Environmental Projects. More than $15 million in penalties has been assessed.
EPA Region 4 successfully concluded EPA’s first case under the National Enforcement Priority for Mining and Mineral Processing with a civil judicial settlement with CF Industries, Inc., of Plant City, Florida. This precedent-setting consent decree will require CF Industries to spend over $12 million to reconfigure current manufacturing or waste handling processes and install/operate a Wastewater Treatment Unit and will result in the elimination or treatment of over 9 billion pounds of hazardous waste.
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 communities that are disproportionately impacted by non-compliance with environmental laws and regulations. In FY 2010, enforcement actions will require entities located in potential environmental justice areas to spend more than $225 million to come into compliance with environmental regulations. More than 15 million pounds of pollutants will be reduced in communities and populations disproportionately impacted by pollution. These pollutant reductions and cleanup along with process improvements 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. Seventeen enforcement actions completed in Region 4 will require the respondents to fund Supplemental Environmental Projects benefiting communities and populations impacted by non-compliance with environmental laws. More than $10 million in federal penalties will be assessed for companies located in these communities.
As part of the Port of Huntington Tri-State Collaborative Geographic Initiative, EPA Region 4 participated in two Environmental Justice (EJ) Community Vision Meetings in June 2010 to present the Initiative to community members in the tri-state area (KY, OH, and WV) and to gather community feedback (http://www.epa.gov/region3/oecej/MarshallU_Report.pdf and http://www.epa.gov/region3/oecej/WVSU_Report.pdf). These meetings served as an opportunity for EPA to solicit input from the attendees regarding the environmental issues and concerns in their communities. The community input will assist in strengthening the effectiveness of the Initiative, engaging the community in the decision-making process, and building community capacity to assist the Agency in efforts to protect the environment and public health.
In the past year in Region 4, more than 6,250 regulated entities received direct compliance assistance. In FY 2010, Region 4 finalized decisions on 15 disclosures submitted by participants in the Region's Compliance Incentive Initiative for Colleges and Universities. More than 500 violations were disclosed and corrected, resulting in more than $750,000 being spent to reduce the likelihood of future releases and measures designed to create better management of environmental programs through enhanced training, recording keeping, testing and reporting.
In FY 2010, the EPA Region 4 Criminal Enforcement Program referred 35 cases for federal prosecution and 1 case to a state court system. Prosecutors in Region 4 charged 13 corporations and 36 individuals with environmental crimes, most of which were felonies. A total of 49 defendants were convicted of environmental crimes. Criminal defendants were assessed over $7.6 million in fines and over $2 million in restitution. In 2010, 26 new investigations were initiated.
Compliance and Enforcement Annual Results
Numbers at a Glance
Region 4
| Results Obtained from EPA Civil Enforcement Actions | ||
|---|---|---|
| Estimated Environmental Benefit Commitments: | ||
| Direct Environmental Benefits | ||
|
53,003,000 | |
|
9,874,650,000 | |
|
728,000 | |
|
15,526,000 | |
|
67,600 | |
|
269 | |
| Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) | $420,356,000 | |
| Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) | $5,206,721 | |
| Civil Penalties Assessed | ||
| Administrative Penalties Assessed | $3,827,442 | |
| Judicial Penalties Assessed | $11,319,387 | |
| State/Local Judicial Penalties Asses From Joint Federal-State/Local Enforcement Actions (2) | $1,909,340 | |
| Stipulated Penalties Assessed | $200,000 | |
| Civil Enforcement and Compliance Activities | ||
| Referrals of Civil Judicial Enforcement Cases to Department of Justice (DOJ) | 34 | |
| Supplemental Referrals of Civil Judicial Enforcement Cases to DOJ | 4 | |
| Civil Judicial Complaints Filed with Court | 18 | |
| Civil Judicial Enforcement Case Conclusions | 19 | |
| Administrative Penalty Order Complaints | 339 | |
| Final Administrative Penalty Orders | 336 | |
| Administrative Compliance Orders | 221 | |
| Cases with Supplemental Environmental Projects | 21 | |
| Compliance Monitoring Activities | ||
| Inspections/Evaluations | 2,454 | |
| Civil Investigations | 37 | |
| Superfund Cleanup Enforcement | ||
| Amount Committed by Liable Parties to Clean up Superfund Sites | $31,533,178 | |
| Amount Committed by Liable Parties to Pay for Government Oversight of Superfund Cleanups | $16,037,497 | |
| Amount Committed by Liable Parties to Reimburse the Government for Money Spent Cleaning up Superfund Sites | $5,912,044 | |
| Voluntary Disclosure Program | ||
| Commitments to Reduce, Treat or Eliminate Pollution as a Result of Voluntary Disclosures (pounds) | 336,380 | |
| Voluntary Disclosures Initiated (Facilities) | 157 | |
| Voluntary Disclosures Resolved (Facilities) | 103 | |
| Voluntary Disclosures Initiated (Companies) | 123 | |
| Voluntary Disclosures Resolved (Companies) | 83 | |
| Compliance Assistance | ||
| Assistance Tools (3) | 77 | |
| Workshops and Training | 15 | |
| Facility Visits, Re-visits and Ongoing Facility Specific Work | 39 | |
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.
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 |
 |
Region 4 - Alabama
| Civil Enforcement | |
|---|---|
| Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment: | |
| Direct Environmental Benefits | |
|
937,000 |
|
104,000 |
| Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) | $22,296,560 |
| Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) | $4,128,713 |
| Civil Penalties Assessed | $3,010,875 |
| Civil Enforcement and Compliance Activities | |
| Civil Judicial Enforcement Case Conclusions | 3 |
| Final Administrative Penalty Orders | 46 |
| Administrative Compliance Orders | 22 |
Region 4 - Florida
| Civil Enforcement | |
|---|---|
| Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment: | |
| Direct Environmental Benefits | |
|
1,638,000 |
|
558,000 |
|
10,905,000 |
| Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) | $343,460,510 |
| Civil Penalties Assessed | $1,982,644 |
| Civil Enforcement and Compliance Activities | |
| Civil Judicial Enforcement Case Conclusions | 5 |
| Final Administrative Penalty Orders | 44 |
| Administrative Compliance Orders | 87 |
Region 4 - Georgia
| Civil Enforcement | |
|---|---|
| Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment: | |
| Direct Environmental Benefits | |
|
23,915,000 |
| Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) | $11,194,701 |
| Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) | $5,361 |
| Civil Penalties Assessed | $3,304,338 |
| Civil Enforcement and Compliance Activities | |
| Civil Judicial Enforcement Case Conclusions | 3 |
| Final Administrative Penalty Orders | 57 |
| Administrative Compliance Orders | 13 |
Region 4 - Kentucky
| Civil Enforcement | |
|---|---|
| Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment: | |
| Direct Environmental Benefits | |
|
1,388,800 |
| Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) | $3,562,841 |
| Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) | $619,257 |
| Civil Penalties Assessed | $1,951,388 |
| Civil Enforcement and Compliance Activities | |
| Civil Judicial Enforcement Case Conclusions | 2 |
| Final Administrative Penalty Orders | 46 |
| Administrative Compliance Orders | 22 |
Region 4 - Mississippi
| Civil Enforcement | |
|---|---|
| Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment: | |
| Direct Environmental Benefits | |
|
6,097,000 |
| Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) | $612,394 |
| Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) | $28,588 |
| Civil Penalties Assessed | $1,977,656 |
| Civil Enforcement and Compliance Activities | |
| Civil Judicial Enforcement Case Conclusions | 1 |
| Final Administrative Penalty Orders | 16 |
| Administrative Compliance Orders | 21 |
Region 4 - North Carolina
| Civil Enforcement | |
|---|---|
| Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment: | |
| Direct Environmental Benefits | |
|
5,561,000 |
|
18,800 |
|
1,711,000 |
| Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) | $16,600,540 |
| Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) | $162,364 |
| Civil Penalties Assessed | $2,435,436 |
| Civil Enforcement and Compliance Activities | |
| Civil Judicial Enforcement Case Conclusions | 2 |
| Final Administrative Penalty Orders | 67 |
| Administrative Compliance Orders | 36 |
Region 4 - South Carolina
| Civil Enforcement | |
|---|---|
| Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment: | |
| Direct Environmental Benefits | |
|
257,800 |
|
47,000 |
|
644,600 |
| Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) | $11,663,397 |
| Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) | $218,862 |
| Civil Penalties Assessed | $5,091,337 |
| Civil Enforcement and Compliance Activities | |
| Civil Judicial Enforcement Case Conclusions | 1 |
| Final Administrative Penalty Orders | 21 |
| Administrative Compliance Orders | 10 |
Region 4 - Tennessee
| Civil Enforcement | |
|---|---|
| Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment: | |
| Direct Environmental Benefits | |
|
13,366,000 |
|
2,265,100 |
| Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) | $11,902,007 |
| Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) | $43,576 |
| Civil Penalties Assessed | $1,016,608 |
| Civil Enforcement and Compliance Activities | |
| Civil Judicial Enforcement Case Conclusions | 4 |
| Final Administrative Penalty Orders | 39 |
| Administrative Compliance Orders | 9 |
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.
Federal Case Highlights Presented State-by-State
Alabama |
|
Alabama
McWane Inc., Birmingham, AL: On July 14, 2010, the U.S. Environmental Protection Agency (EPA), the U.S. Department of Justice, and the states of Alabama and Iowa announced that McWane Inc., a national cast iron pipe manufacturer headquartered in Birmingham, AL, has agreed to pay $4 million to resolve more than 400 violations of federal and state environmental laws. The settlement covers 28 of McWane’s manufacturing facilities in 14 states and also requires the company to perform seven environmental projects valued at $9.1 million.
http://www.epa.gov/compliance/resources/cases/civil/mm/mcwane.html
Florida
CF Industries, Inc., Plant City, Florida: On August 6, 2010, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced that CF Industries, Inc. has agreed to spend approximately $12 million to reduce and properly manage hazardous wastes generated at its Plant City, Florida phosphoric acid and ammoniated fertilizer manufacturing facility. The settlement resolves CF Industries’ Resource Conservation and Recovery Act (RCRA) violations and requires the company to pay a civil penalty of more than $700,000 and provide $163.5 million in financial assurances to guarantee appropriate closure and long-term care of the closed facility. This is the first case concluded under EPA’s National Enforcement Initiative for Mining and Mineral Processing.
http://www.epa.gov/compliance/resources/cases/civil/rcra/cfindustries.html
Georgia
John Wieland Homes and Neighborhoods Inc., and John Wieland Homes and Neighborhoods of the Carolinas Inc., Atlanta, GA: On November 9, 2009, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced that John Wieland Homes and Neighborhoods Inc., and John Wieland Homes and Neighborhoods of the Carolinas Inc., based in Atlanta, GA, have agreed to pay a $350,000 civil penalty to resolve alleged violations of the Clean Water Act.
http://yosemite.epa.gov/opa/admpress.nsf/d0cf6618525a9efb85257359003fb69d/314c65c7a62095b285257669005e9d2f!OpenDocument
Kentucky
D. D. Williamson and Company, Louisville, Kentucky: On August 20, 2009, the Environmental Protection Agency (EPA) and the U.S. Department of Justice announced an agreement with D. D. Williamson and Company to settle Clean Air Act violations. The complaint filed against D. D. Williamson, a caramel coloring manufacturer, alleges the company failed to comply with the Clean Air Act and its regulations. An incident in 2003 incident at the plant resulted in the death of one employee and the release of an ammonia cloud in a nearby residential neighborhood. Under the consent decree, D. D. Williamson has agreed to pay $600,000 in civil penalties to be divided equally between the United States and the Louisville Metro Air Pollution Control District, which enforces the risk management program regulations. After the 2003 explosion, D. D. Williamson took steps to improve its Louisville plant by building a new facility that housed its manufacturing operations. Under the consent decree, D. D. Williamson is required to use an outside engineering consultant to complete a full hazard operability study of its manufacturing operations and implement the study’s recommendations, and to train its managers in process-hazard assessment techniques.
http://www.justice.gov/opa/pr/2009/August/09-enrd-826.html
Mississippi
First Chemical Corporation, Pascagoula, Mississippi: On August 20, 2009, the Environmental Protection Agency (EPA) and the U. S. Department of Justice announced an agreement with First Chemical Corporation to settle Clean Air Act violations resulting from an explosion at their Pascagoula, MS facility. Under the consent decree, First Chemical has agreed to pay the United States $731,000 in civil penalties, to complete an ongoing comprehensive hazard analysis of its mononitrotoluene process and to implement all recommendations resulting from the analysis.
http://www.justice.gov/opa/pr/2009/August/09-enrd-826.html
North Carolina
Meridian Industries, Inc., Charlotte, North Carolina: On September 17, 2010, the United States filed a Complaint and a Stipulation of Settlement with Meridian Industries, Inc., in the U.S. District Court for the Western District of North Carolina, Charlotte Division. The Stipulation of Settlement memorializes an agreement by Meridian to pay a civil penalty of $900,000 to address its RCRA violations. Meridian had previously owned a textile mill. It ceased operations in June 2003 but left all the chemicals from its operations onsite, and then sold the facility in September 2006. In July 2006 there was a fire at the facility, to which EPA On-Scene Coordinators, among others, responded. Following the fire, EPA conducted inspections, and one sampling visit at the facility. The results of these inspections and sampling visit indicated Meridian had violated numerous RCRA provisions. Specifically, Meridian failed to make a hazardous waste determination; stored hazardous waste without a permit; failed to have emergency preparedness and training; had container management violations; failed to equip the facility with necessary equipment; and failed to make emergency arrangements with local authorities. Meridian has since sold the facility, and the new owner removed all the waste, and performed the necessary remedial work at the facility.
South Carolina
Norfolk Southern Railway Company, Graniteville, SC: On March 8, 2010, the Environmental Protection Agency (EPA) and the U. S. Department of Justice announced that Norfolk Southern Railway Company has agreed to pay a $4 million penalty to resolve alleged violations of the Clean Water Act (CWA) and hazardous materials laws for a 2005 chlorine spill in Graniteville, SC. Under the settlement filed in federal court in Columbia, SC, Norfolk Southern will be required to pay a civil penalty of $3,967,500 for the alleged CWA violations, to be deposited in the federal Oil Spill Liability Trust Fund. The alleged CWA violations, included in an amended complaint filed in March 2009, are for the discharge of tons of chlorine, a hazardous substance, from a derailed train tank car and thousands of gallons of diesel fuel from ruptured locomotive engine fuel tanks. For the alleged Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) violation for failure to immediately notify the National Response Center of the chlorine release, Norfolk Southern will also pay a penalty of $32,500, to be deposited in the Hazardous Substance Superfund.
http://www.justice.gov/opa/pr/2010/March/10-enrd-232.html
Tennessee
Aleris International Inc.: On August 4, 2009, the Environmental Protection Agency (EPA) and the U. S. Department of Justice announced the settlement with Aleris International Inc., one of the nation’s largest aluminum recyclers, to resolve violations of the Clean Air Act. The company and 13 of its subsidiaries have committed to implementing environmental improvements and controls projected to cost $4.2 million at 15 plants located in 11 states, including facilities in Tennessee and Kentucky. The company also agreed to a $4.6 million civil penalty to resolve violations of the Clean Air Act, which will be allowed as an unsecured claim in Aleris’s bankruptcy proceeding pending in Delaware.
http://www.epa.gov/compliance/resources/cases/civil/caa/aleris.html