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Enforcement Actions 2007 and 2008
Select the Statute
- Clean Air Act (CAA)
- Clean Water Act (CWA)
- Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
- Emergency Planning and Community Right to Know Act (EPCRA)
- "False Statement Act"
- Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
- Oil Pollution Act (OPA)
- Resource Conservation and Recovery Act (RCRA)
- Toxic Substance Control Act (TSCA)
- Underground Storage Tanks (UST)
Select the statute from the list inside of the box on the right side of this page. Under each statute, the enforcement actions are organized in reverse chronological order.
Visit the Enforcement Actions Archives 2006 and 2005.
CAA
Learn moreFlorida - EPA Region 4 Files Consent Agreement and Final Order (CAFO) Resolving CAA Violations At the U.S. Naval Air Station in Jacksonville: On February 6, 2008, EPA Region 4 filed a CAFO with the Regional Hearing Clerk resolving violations of CAA Title V at the U.S. Naval Air Station in Jacksonville. This CAFO resolves the underlying violations in the case of City of Jacksonville, Florida verses Department of the Navy, where the 11th Circuit Court of Appeals held that the City of Jacksonville, which implements the Florida Title V program, could not sue the U.S. Navy to collect civil penalties under the CAA. Jacksonville then referred the case to Region 4 to be handled as an administrative enforcement action. Under the terms of the CAFO, the Naval Air Station agreed to pay $20,888 in civil penalties and perform a Supplemental Environmental Project in the amount of $95,000.
Alabama and Mississippi - U.S. District Court for the Northern District of Alabama Enters Hunt Refining Company and Hunt Southland Refining Company Consent Decree: On December 20, 2007, the U.S. District Court for the Northern District of Alabama entered a CAA Consent Decree naming Hunt Refining Company and its subsidiary, Hunt Southland Refining Company. This Consent Decree is a part of the National Petroleum Refinery Initiative (Initiative). The scope of this settlement covers 3 of Hunt's petroleum refineries located in Tuscaloosa, Alabama, and Lumberton and Sandersville, Mississippi. The Consent Decree addresses all the marquis issues in the Initiative including Leak Detection and Repair; Benzene National Emission Standard for Hazardous Air Pollutants; Prevention of Significant Deterioration and New Source Review; and New Source Performance Standards applicability to sulfur dioxide (SO2) and nitrogen oxide (NOx) emissions from Claus Recovery Plants and Heaters and Boilers and Flares. Pursuant to the Consent Decree, Hunt will pay a $400,000 penalty, and spend more than $48.5 million in new and upgraded pollution controls at its refineries. The states of Alabama and Mississippi are co-plaintiffs in this action and will receive shares of the civil penalty. Hunt will also spend $475,000 on Supplemental Environmental Projects (SEPs) that will upgrade controls to reduce volatile organic compound emissions from the wastewater system at the Tuscaloosa refinery and purchase emergency preparedness equipment for the aid responders in Vicksburg, Mississippi, and Choctaw County, Alabama. The emission reductions expected at the Hunt refineries include NOx (150 tons per year [tpy]) and SO2 (1,100 tpy). These pollutants can cause serious respiratory problems and exacerbate cases of childhood asthma.
Tennessee - Region 4 Files Consent Agreement and Final Order (CAFO) with Republic Plastics, Limited Partnership, to Resolve Alleged Violations of CAA Section 112(r): On November 29, 2007, Region 4 filed a CAFO to resolve alleged violations of CAA Section 112(r) with Republic Plastics, Limited Partnership, (Respondent) Knoxville. The violations were the result of Respondent’s failure to fully comply with the Chemical Accident Prevention Provisions codified at 40 Code of Federal Regulations Part 68 (Risk Management Program). To resolve this matter, the Respondent agreed to pay a civil penalty of $7,700 to the U.S. Treasury.
Tennessee - Region 4 Files Expedited Settlement Agreement (ESA) with Lamberti Synthesis USA to Resolve Alleged CAA Violations: On November 29, 2007, Region 4 filed an ESA to resolve alleged violations of CAA Section 112(r) with Lamberti Synthesis USA, (Respondent) located in Chattanooga. The violations were the result of Respondent’s failure to fully comply with the Chemical Accident Prevention Provisions codified at 40 Code of Federal Regulations Part 68 (Risk Management Program). To resolve this matter, the Respondent agreed to pay a civil penalty of $1,200 to the U.S. Treasury.
Tennessee - Region 4 Files Consent Agreement and Final Order (CAFO) with BAE Systems Ordnance Systems, Incorporated, to Resolve Alleged CAA Violations: A CAFO was filed on November 27, 2007, to resolve alleged violations of CAA Section 112(r) with BAE Systems Ordnance Systems, Incorporated, (Respondent) located in Kingsport. The violations were the result of Respondent’s failure to fully comply with the Chemical Accident Prevention Provisions codified at 40 Code of Federal Regulations Part 68 (Risk Management Program). To resolve this matter, the Respondent agreed to pay a civil penalty of $21,700 to the U.S. Treasury.
Tennessee - U.S. District Court for Western District of Texas Enters Premcor Refining Group and The Lima Refining Group CAA Consent Decree: On November 20, 2007, the U.S. District Court for the Western District of Texas entered a CAA Consent Decree naming Premcor Refining Group, Incorporated, and the Lima Refining Company (subsidiaries of Valero Energy Company [Valero]) as Defendants. The Consent Decree covers Valero’s three most recently acquired refineries located in Memphis, Tennessee; Lima, Ohio; and Port Arthur, Texas. The Consent Decree addresses the National Emission Standards for Hazardous Air Pollutants for Benzene Waste Operations; Prevention of Significant Deterioration and New Source Review; New Source Performance Standards applicability to sulfur dioxide (SO2) and nitrogen oxide (NOx) emissions from Claus Sulfur Recovery Plants, Heaters and Boilers, and Flares; Leak Detection and Repair Standards; CERCLA; and EPCRA. Pursuant to the Consent Decree, the Defendants will pay an aggregate of $4,250,000, as follows: $2,750,000 to the U.S.; $800,000 to the State of Ohio; and $700,000 to Memphis Shelby County Health Department (MSCHD). Also, the Defendants will spend $4,250,000 to perform various Supplemental Environmental Projects including a Memphis Wastewater Treatment H2S Reduction Project, City of Memphis Ozone reduction Project and Port of Memphis Emission Reduction Project. In addition, MSCHD has allocated $150,000 of their awarded penalty portion to establish an Environmental Justice grant to benefit citizens in that area. Overall, approximately $232 million will be spent on new and upgraded pollution controls at the three refineries. Implementation of these controls will result in the overall reduction of annual emissions of NOx by more than 1,870 tons and SO2 by more than 1,810 tons per year (tpy). The reductions expected at the Memphis Refinery include 319 tpy of NOx, 3 tpy of particulate matter, and 5 tpy of carbon monoxide. These pollutants can cause serious respiratory problems and exacerbate cases of childhood asthma.
Alabama and Mississippi - Hunt Refining Company and Hunt Southland Refining Company Consent Decree Lodged: On September 28, 2007, the consent decree with Hunt Refining and its subsidiary, Hunt Southland Refining, was lodged in U.S. District Court, Northern District of Alabama. This consent decree is a part of the National Petroleum Refinery Initiative. The scope of this settlement covers three of Hunt's petroleum refineries located in Tuscaloosa, Alabama; and Lumberton and Sandersville, Mississippi. The consent decree addresses all the marquis issues in the initiative (Leak Detection and Repair, Benzene National Emission Standards for Hazardous Air Pollutants and New Source Performance Standards Subparts A and J (sulfur dioxide emissions from Claus Sulfur Recovery Plants and Flaring). Pursuant to the consent decree, Hunt will pay a $400,000 penalty, and spend more than $48.5 million in new and upgraded pollution controls at its refineries. In addition, Hunt will spend $475,000 on Supplemental Environmental Projects (SEPs). The SEPs include the implementation of upgrade controls to reduce volatile organic compound emissions from the wastewater system at the Tuscaloosa refinery and the purchase of emergency preparedness equipment for the aid responders in Vicksburg, Mississippi, and Choctaw County, Alabama. The projected annual emission reductions include nitrogen oxide (150 tons per year) and sulfur dioxide (1,200 tons per year). The states of Alabama and Mississippi are co-plaintiffs in this action and will receive shares of the civil penalty. In addition, Hunt will implement injunctive relief for all the maximum available control technology (MACT) triggered by leak detection and repair applicability, including Refinery MACT, Asphalt MACT, and Organic Liquids Distribution MACT.
Georgia - Region 4 Files Consent Agreement and Final Orders (CAFOs) Resolving CAA Section 609 Violations: On August 29, 2007, EPA filed three CAFOs resolving CAA Section 609 Motor Vehicle Air Conditioners (MVAC) violations by Waters Ford Company of Blackshear, Prince Ford-Mercury of Tifton, and Coffee Automotive of Alma. All three cases involved the failure to employ a certified MVAC technician in violation of 40 Code of Federal Regulations Part 82 and CAA Section 609.
Alabama - Region 4 Files an Expedited Settlement Agreement (ESA) with R.L. Ziegel Company, Incorporated, (Respondent) to Resolve Alleged Violations of CAA Chemical Accident Prevention Program Requirements: On August 21, 2007, an ESA was filed with the Respondent, located in Selma. On July 26, 2006, an EPA compliance monitoring inspection revealed that the Respondent could not provide evidence that requirements had been met regarding retention of compliance audit reports, development and implementation of safety and health operating procedures, and timely performance of process hazard analysis. The Respondent agreed to pay a civil penalty of $1,260.
North Carolina - Region 4 Enters into Consent Agreement and Final Order (CAFO) with Rippy Automotive Company to Resolve Alleged CAA Violations: On August 21, 2007, EPA Region 4 filed a CAFO with Rippy Cadillac-Oldsmobile, Incorporated, (Respondent) of Wilmington, resolving alleged violations of CAA Section 609 and the regulations promulgated at 40 Code of Federal Regulations Part 82, Subpart B. In the CAFO, EPA alleged that the Respondent performed service for consideration involving the refrigerant of motor vehicle air conditioners, without the use of properly trained and certified technicians. Under the CAFO, the company will pay a civil penalty of $7,090 to resolve the alleged violations.
Tennessee - Region 4 Files an Expedited Settlement Agreement (ESA) with Pathway Polymers (Respondent) to Resolve Alleged Violations of CAA Chemical Accident Prevention Program Requirements: On August 21, 2007, an ESA was filed with the Respondent located in Chattanooga. On March 16, 2006, an EPA compliance monitoring inspection revealed that the Respondent could not provide evidence that requirements had been met regarding 1) compilation of safety information, 2) documentation of hazards review, 3) implementation of mechanical integrity procedures, 4) timely evaluation and certification of compliance procedures and practices, and 5) timely review and update of the Risk Management Plan. The Respondent agreed to pay a civil penalty of $2,370.
Georgia - Region 4 Files an Expedited Settlement Agreement (ESA) with Americold Logistics, Limited Liability Company, (Respondent) to Resolve Alleged Violations of CAA Chemical Accident Prevention Program Requirements: On August 20, 2007, an ESA was filed with the Respondent, located in Atlanta. On June 27, 2006, an EPA compliance monitoring inspection revealed that the Respondent could not provide evidence that requirements had been met regarding retention and scheduling of process hazard analysis, inspection and testing practices, compilation of safety information, correction of equipment process deficiencies, and timely evaluation of compliance procedures and practices. The Respondent agreed to pay a civil penalty of $1,140.
Tennessee - Region 4 Files an Expedited Settlement Agreement (ESA) with Helm Fertilizer Terminal, Incorporated, (Respondent) to Resolve Alleged Violations of CAA Chemical Accident Prevention Program Requirements: On August 14, 2007, an ESA was filed with the Respondent, located in Memphis. On June, 8, 2006, an EPA compliance monitoring inspection revealed that the Respondent could not provide evidence that requirements had been met regarding timely certification of operating procedures, and evaluation of source siting and human factors in process hazard analysis. The Respondent agreed to pay a civil penalty of $480.
Tennessee - Region 4 Files Consent Agreement and Final Order (CAFO) to Resolve Alleged Violations of CAA Stationary Source Rules Governing Risk Management Programs: On July 26, 2007, Region 4 filed a CAFO with W. M. Barr and Company, (Respondent), located in Memphis. On June 29, 2006, an EPA compliance monitoring inspection revealed that the Respondent could not provide evidence that employees were given refresher training as required under 40 Code of Federal Regulations (CFR) Section 68.54(b), nor could the Respondent provide proof of compliance with 40 Code of Federal Regulations Section 68.58(a), which requires that an entity evaluate its compliance and certify to the adequacy of procedures and practices of its Risk Management Program. The Respondent agreed to pay a penalty of $14,700.
Georgia - EPA Region 4 Files Consent Agreement and Final Order (CAFO) with Oldcastle Building Products, Incorporated, (Oldcastle): On July 19, 2007, EPA Region 4 filed a CAFO with the Oldcastle to resolve alleged violations of Section 183 of the CAA regarding volatile organic compound (VOC) content in architectural coatings. As part of the settlement, Oldcastle is required to pay mandatory fees of $2,582.07 for exceeding the VOC content of its architectural coatings in 2002 and 2003. In addition, Oldcastle will pay a civil penalty of $39,508. Located in Atlanta, Oldcastle is a manufacturer and/or importer of architectural coatings.
Tennessee - Region 4 Files Three Expedited Settlement Agreements (ESAs) to Resolve Alleged Violations of the CAA Chemical Accident Prevention Program: On June 28, 2007, and July 5, 2007, three ESAs were filed to resolve alleged violations of the CAA Chemical Accident Prevention Program pursuant to CAA Section 112(r) and the regulations at 40 Code of Federal Regulations Part 68. To resolve these matters Continental Carbonic Products, Incorporated, Loudon, agreed to pay a penalty of $2,460; Athens Utilities Board, Athens agreed to pay a penalty of $600; and Eastside Utility District, Chattanooga agreed to pay a penalty of $2,060.
Tennessee - Region 4 Files Three Expedited Settlement Agreements (ESAs) to Resolve Alleged Violations of the CAA Chemical Accident Prevention Program: On July 5 and June 28, 2007, three ESAs were filed to resolve alleged violations of the CAA Chemical Accident Prevention Program pursuant to CAA Section 112(r) and the regulations at 40 Code of Federal Regulations Part 68. To resolve these matters Continental Carbonic Products, Incorporated, Loudon, agreed to pay a penalty of $2,460; Athens Utilities Board, Athens, agreed to pay a penalty of $600; and Eastside Utility District, Chattanooga, agreed to pay a penalty of $2,060.
Tennessee - EPA Region 4 Files an Expedited Settlement Agreement (ESA) with Sysco Food Services to Resolve Alleged Violations of the CAA: On June 19, 2007, Region 4 filed an ESA to resolve alleged violations of CAA Section 112(r)(7). The violations stemmed from an inspection conducted at Sysco’s Nashville facility where EPA found that the facility was not in compliance with the CAA’s Chemical Accident Prevention Program. As part of the settlement agreement, Sysco will pay a penalty of $6,240.
Tennessee - EPA Region 4 Files an Expedited Settlement Agreement (ESA) with the Bedford County Utility District to Resolve Alleged Violations of the CAA: On June 19, 2007, Region 4 filed an ESA to resolve alleged violations of CAA Section 112(r)(7). The violations stemmed from an inspection conducted at the Bedford County Utility District’s water treatment plant located in Shelbyville. During the inspection, EPA found that the facility was not in compliance with the CAA’s Risk Management Program. As part of the settlement agreement, Bedford will pay a penalty of $540.
Florida - Judge Grants Joint Motion to Terminate Consent Decree in U.S. versus Coastal Lumber: On May 29, 2007, Judge Mickle of the Northern District of Florida granted a joint motion filed by the United States and Coastal Lumber to terminate a consent decree that was entered on June 27, 2006. Under the consent decree, Coastal conducted the required emissions tests to determine Prevention of Significant Deterioration (PSD) applicability and paid a civil penalty of $60,000 in connection with its failure to comply with the test order issued by EPA. Coastal submitted its potential-to-emit analysis and source test report for volatile organic compounds, as required by the consent decree. The test results indicate that Coastal did not trigger PSD requirements, and as a result, the parties jointly moved to terminate the consent decree.
Florida - Region 4 Enters into a Consent Agreement and Final Order (CAFO) with MARCOR Remediation, Incorporated, to Resolve a CAA Violation: On April 10, 2007, Region 4 and Respondent, MARCOR Remediation, Incorporated, (MARCOR) entered into a CAFO to settle a violation of the National Emission Standards for Asbestos codified at 40 Code of Federal Regulations Part 61 Subpart M. Pursuant to the CAFO, Respondent will pay a penalty of $23,100. The violation resulted from Respondent’s failure to provide the requisite notification to the Administrator of its intention to renovate a naval ship docked in Mayport. The matter was referred to Region 4 by the Florida Environmental Resources Management Department. Respondent is an asbestos abatement contractor incorporated in the State of Maryland.
Tennessee – Department of Justice (DOJ) Files Williams Refining and Marketing Consent Decree (CD): On March 13, 2007, DOJ filed the CD for the Williams Refining and Marketing, LLC, matter. Since the CD does not include any injunctive relief, it will not be subject to public notice procedures and will become final upon entry by the court. The CD will resolve the liabilities of Williams Refining and Marketing, LLC, for past CAA, CWA, and RCRA violations at the Memphis refinery. Pursuant to the CD, Williams will pay a total of $2.2 million, of which $25,000 is allocated for the CWA claim. A Complaint was filed simultaneously with the CD. The alleged violations occurred at a refinery formerly owned and operated by Williams Refining and Marketing, LLC, a subsidiary of Williams Companies, Incorporated. The refinery is one of the largest petroleum refineries in Region 4. Currently, it has processing capacity of 190,000 barrels per day. In 2003, Williams sold the refinery to Premcor Refining Group. In 2005, the refinery was purchased by Valero Energy Company. The settlement resolves CAA violations that include the failure to comply with standards set forth in the regulations implemented for the benzene National Emission Standard for Hazardous Air Pollutants, and Leak Detection and Repair. The agreement also resolves RCRA violations involving the failure to properly store hazardous waste and one violation of the CWA for an oil spill incident.
Kentucky – Department of Justice (DOJ) Filed Complaint against Kentucky Utilities Company for Violations of the CAA: On March 12, 2007, DOJ, on behalf of EPA, filed a Complaint in the Eastern District of Kentucky against Kentucky Utilities Company for violations of the New Source Performance Standards and Prevention of Significant Deterioration provisions of the Clean Air Act at Kentucky Utilities’s E. W. Brown coal-fired power plant in Mercer County. The violations arose from a modification at Unit 3 of the plant in which a reheater and turbine were replaced. The work had the effect of increasing both Unit 3's hourly emission rate and annual tonnage emissions for NOx, SO2 and PM. Accordingly, the United States’ claims will satisfy the applicable test for emission increases regardless of the Supreme Court's upcoming decision in Environmental Defense versus Duke Energy, argued last November. The United States also alleges that Kentucky Utilities Company violated the Act by operating Unit 3 without revising its Title V permit after the modification to incorporate the applicable New Source Performance Standards and Best Available Control Technology requirements.
Tennessee – Region 4 Settles CAA Section 612 Enforcement Case: On February 27, 2007, Region 4 filed a Consent Agreement and Final Order with the Regional Hearing Clerk which reflects a settlement of an administrative enforcement case involving violations of CAA Sections 612 and 114. The Respondent, Thermofluid Technologies, Incorporated, of Maryville sold substitute refrigerants in violation of CAA Section 612 and the Significant New Alternatives Policy. The company agreed to pay a civil penalty of $15,300 to resolve the matter. This case represents the first enforcement action involving CAA Section 612 violations by EPA Region 4.
Tennessee – Region 4 Files Consent Agreement and Final Order (CAFO) with Russell Stover Candies, Incorporated, (Russell Stover) Resolving Alleged Violations of the CAA: On January 30, 2007, EPA filed a CAFO with Russell Stover to resolve alleged violations of the facility’s operating permit at its Cookeville location. The alleged violations regarded Russell Stover's failure to maintain records for servicing and repairing HVAC units, pursuant to 40 Code of Federal Regulations Section 82.166(k). As part of the settlement agreement, Russell Stover agreed to pay a penalty of $62,824.
Alabama and Mississippi - Bunge Multi-State CAA Settlement Entered: On January 16, 2007, the U.S. District Court for the Central District of Illinois entered the consent decree lodged in October settling CAA claims at 11 oilseed processing plants and 1 corn processing plant owned by Bunge North America, Incorporated, and 3 of its subsidiaries. This consent decree represents the third settlement in the national enforcement initiative targeting grain and oilseed processors. Settlements have been reached with Archer Daniels Midland and Cargill, Incorporated. This settlement arose from alleged violations of the CAA’s Prevention of Significant Deterioration requirements, resulting from modifications to Bunge’s facilities without proper permits and controls. Bunge’s 2 oilseed extraction plants in Region 4 are located in Decatur, Alabama and Marks, Mississippi. The States of Alabama and Mississippi joined the settlement as plaintiff-intervenors. Additional oilseed extraction facilities are located in Indiana, Ohio, Kansas, Iowa, Illinois and Louisiana. In the consent decree, Bunge agreed to lower solvent loss ratio permit limits and install new equipment that will result in VOC and HAP reductions. Bunge will also install various controls at several of its facilities to reduce SO2, NOx, and PM and perform Supplemental Environmental Projects in each participating Region.
CERCLA
(Learn more)North Carolina - CERCLA Consent Decree Entered for the Gurley Pesticide Burial (Site) in Selma: On February 6, 2008, the U.S. District Court for the Eastern District of North Carolina entered a Consent Judgment in favor of the United States against Cargill Dry Corn Ingredients, Incorporated, (CDCI) and Exxon Mobil Corporation (Exxon Mobil). The Consent Decree will implement the Remedial Design and Remedial Action (RDRA) and will reimburse EPA for approximately $825,000 in past response costs spent at the Site. The RDRA will address both soil and groundwater contamination. It is estimated to cost about $7,200,000. Exxon Mobil and CDCI are the former owner and operators of the Site who conducted the Remedial Investigation and Feasibility Study pursuant to an Administrative Order on Consent with EPA.
Kentucky - Region 4 Signs Administrative Settlement Agreement and Order on Consent for Removal at the Goodloe Elementary School Site: On January 28, 2008, EPA Region 4 signed an Administrative Settlement Agreement and Order on Consent for a removal action at the Goodloe Elementary School Site (the Site) in Owensboro. Pursuant to this Settlement Agreement, Atmos Energy Corporation, a successor to the former owner and operator, is agreeing to conduct the removal at the Site and to pay EPA’s past and future oversight costs. A coal gasification plant was operated at the Site from approximately 1889 until the mid-1930s. Benzo(a)pyrene has been detected on site at levels as high as 19,000 ppb. The removal action requires that Atmos cap the footprint of the former gasification plant and conduct confirmatory sampling activities.
South Carolina - Region 4 Collects Past Costs at Ashepoo Fertilizer Site: On January 23, 2008, Region 4 received a check for $155,764 from The Mosaic Company for oversight costs related to the Ashepoo Fertilizer Removal Site in Charleston. Mosaic is the successor to IMC Global, who was the successor to Freeport-McMoRan’s fertilizer operations. Freeport-McMoRan was a signatory to the original Administrative Order on Consent at the Site which was executed in 1999. Collection efforts began in 2001, but were complicated by ongoing litigation between IMC, later Mosaic, and Conoco over liability for their fertilizer operations. As a result, EPA agreed to a series of tolling agreements until the litigation was concluded. This payment resolves all past cost liabilities at the Site.
Alabama - Region 4 Files Consent Agreement and Final Order (CAFO) with GEO Specialty Chemicals, Incorporated, to Resolve CERCLA Violations: On January 17, 2008, a CAFO was filed to resolve alleged violations of CERCLA Section 103 with GEO Specialty Chemicals, Incorporated, (Respondent) at its facility in Childersburg. The violation was the result of Respondent's failure to immediately notify the National Response Center of a release of sulfuric acid above the Reportable Quantity of 1000 pounds. To resolve this matter, Respondent agreed to pay a penalty of $2,619.
Alabama - Region 4 Files Consent Agreements and Final Orders (CAFO) with GEO Specialty Chemicals to Resolve CERCLA Violation: On January 17, 2008, a CAFO with GEO Specialty Chemicals was approved by the Regional Judicial Officer. EPA determined that on May 15, 2007, GEO’s facility had a release of the hazardous substance, sulfuric acid, above the reportable quantity of 1,000 pounds, and that GEO failed to immediately notify the National Response Center as soon as it had knowledge of the release in violation of Section 103(a) of CERCLA, 42 United States Code Section 9603(a). GEO has agreed to pay a penalty of $2,619.
Florida - Coronet Industries, Incorporated, Signs Settlement Agreement for Remedial Investigation and Feasibility Study (RIFS): On December 4, 2007, Coronet Industries, Incorporated, (Coronet) signed a Settlement Agreement for the performance of a RIFS at the Coronet Site in Plant City. Coronet is the current owner and prior operator of the Coronet Site. Historical operations at the Site included phosphate rock mining, along with the production of Defluorinated Phosphate, a nutritional supplement for animal feed, and potassium fluoroborate (KBF4), used in the aluminum alloy and electronics industries.
Florida - Region 4 Files Consent Agreement and Final Order (CAFO) with Wheeler Farms, Incorporated, (Respondent) to Resolve Alleged Violations of CERCLA Section 103: On October 30, 2007, Region 4 filed a CAFO to resolve alleged violations of CERCLA Section 103 with the Respondent located in Micco. The violations were the result of Respondent’s failure to immediately report a release over the reportable quantity of aldicarb, a hazardous substance, to the EPA National Response Center. To resolve this matter, the Respondent agreed to pay a civil penalty of $16,250 to the U.S. Treasury.
Georgia - EPA Enters into 122(h) Agreement regarding the Constitution Road Drum Site: On October 25, 2007, EPA issued written notice of the close of the public comment period for a 122(h) Settlement Agreement entered into with Reliable Express, Incorporated, pertaining to the Constitution Road Drum Site in Atlanta. The issuance of this written notice triggers the effective date of the Settlement Agreement. Pursuant to this Agreement, Reliable Express, the current owner of the Site property, is agreeing to market and sell the Site property, with the proceeds going to EPA in resolution of Reliable’s liability at the Site. All monies will be allocated towards EPA’s outstanding past costs.
Florida - Region 4 Signs a Settlement Agreement for Removal Action at the BCX Tank Superfund Site: On October 10, 2007, Region 4 signed an Administrative Settlement Agreement and Order on Consent for Removal Action for the BCX Tank Superfund Site in Jacksonville. The Site is the location of several large, abandoned, above-ground storage tanks that contain hazardous substances. The tanks have leaked and spilled into the secondary containment area, so that it now contains hazardous substances. Under the terms of the agreement, a group of 16 potentially responsible parties will remove and dispose of all sludge and wastewater from the tanks and containment area at the Site. EPA estimates that the removal action will cost $982,121. Work is expected to begin in December and be finished by May 2008.
Alabama - Region 4 Files Consent Agreement and Final Order (CAFO) with DuPont Mobile Manufacturing Center to Resolve Alleged Violations of CERCLA Section 103: On October 9, 2007, Region 4 filed a CAFO to resolve alleged violations of CERCLA Section 103 with DuPont Mobile Manufacturing Center (Respondent) located in Axis. The violations were the result of Respondent’s failure to immediately report a release over the reportable quantity of sulfuric acid, a hazardous substance, to the EPA National Response Center. To resolve this matter, the Respondent agreed to pay a civil penalty of $5,239 to the U.S. Treasury.
Alabama - Region 4 Signs Three Settlement Agreements for Recovery of Past Response Costs Incurred at the B and B Manufacturing Site: On October 1, 2007, Region 4 signed three Settlement Agreements for Recovery of Past Response Costs incurred at the B and B Manufacturing Site located in Mobile pursuant to CERCLA Section 122(h)(1) resolving EPA's claims against Chevron Environmental Management Company, for itself and on behalf of Union Oil Company of California (Chevron), John Bystricky (Bystricky), and Research Solvents and Chemicals, Incorporated (Research Solvents). EPA removed abandoned drums, tanks, totes and contaminated soil from the Site during a removal action completed on February 5, 2002. No further remedial action is planned at the Site. Past costs incurred at the Site through January 11, 2007, total approximately $1,781,397. Pursuant to the terms of the individual settlement agreements, Chevron, a former operator of the Site, will pay $468,253 plus interest (total payment of $497,029), Bystricky, a former owner and operator of the Site, will pay $500 based on his limited ability to pay, and Research Solvents, a former operator of the Site, will pay $468,253 plus interest in three or less installment payments. The payments by Chevron and Research Solvents will result in 100% recovery of costs incurred removing contaminated soil and investigatory activities through January 11, 2007. Neither Chevron nor Research Solvents are liable for costs associated with removal of drums, tanks and totes from the Site since subsequent owners and operators, including Bystricky, admitted they abandoned such items at the Site. EPA is currently negotiating a settlement agreement with the current owner of the Site.
Florida - Court Approves Settlement in Sadler Drum Superfund Site and Johnson Oil Penalty Case: On September 25, 2007, the U.S. District Court for the Middle District of Florida entered a Joint Stipulation of Settlement and Order of Dismissal in the civil action United States of America verses Hugh Johnson. Under the terms of the stipulated settlement, Mr. Johnson, d/b/a Johnson Oil, will pay a $4,000 penalty under Section 104(e)(5)(B) of CERCLA for failure to comply with an information request and subsequent administrative order relating to his involvement with the Sadler Drum Superfund Site in Mulberry. The amount of the penalty is based on the defendant's ability to pay.
Mississippi – Department of Justice Lodges Consent Decree for the Recovery of Costs at the Industrial Pollution Control Superfund Site: On September 24, 2007, the Department of Justice lodged a Consent Decree with the U.S. District Court for the Southern District of Mississippi that resolves the liability of Ferguson Harbour, Incorporated, (FHI) under Section 107 of CERCLA for Past Response Costs at the Industrial Pollution Control Superfund Site (Site) located in Jackson. Pursuant to the Consent Decree, FHI agrees to pay EPA $10,000 in reimbursement of Past Response Costs at the Site. A 30-day public comment period on the proposed settlement will begin to run once notice of lodging of the Consent Decree is published in the Federal Register.
South Carolina - Consent Decree for Remedial Design and Remedial Action Entered Regarding the Admiral Home Appliances Superfund Site in Williston: On September 19, 2007, the United States District Court for the District of South Carolina, approved and entered a Consent Decree pertaining to the Admiral Home Appliances Superfund Site in Williston. Under the terms of the Consent Decree, Dixie-Narco, Incorporated, Maytag Corporation, and Rheem Manufacturing Company are agreeing to fund and implement the remedy selected in EPA’s Record of Decision, issued on September 28, 2006. The proposed remedy includes excavation and off-site disposal of soils and sediments in a former equalization lagoon, Enhanced Reductive Dechlorination for groundwater, and excavation and off-site disposal of sediments and hydric soils in a former wastewater treatment system discharge and wetland area. The remedy is expected to cost over $5.4 million.
Mississippi - Court Approves of Pursue Cost Recovery Settlement at the Industrial Pollution Control Superfund Site: On September 5, 2007, the U.S. District Court for the Southern District of Mississippi approved and entered a cost recovery settlement agreement between EPA and Pursue Energy Corporation (Pursue) at the Industrial Pollution Control Superfund Site (Site) located in Jackson. As part of the settlement agreement, Pursue has agreed to pay EPA $25,000 in partial reimbursement of EPA’s past response costs at the Site. In exchange for its payment, Pursue resolves its liability for response actions taken by EPA at the Site and receives contribution protection from other parties. Pursue was a debtor in Chapter 11 bankruptcy at the time the United States filed its complaint in this matter and, as a result, approval from the Bankruptcy Court was required prior to entry of this settlement agreement.
Georgia - Region 4 Signs Administrative Settlement Agreement and Order on Consent (AOC) at Sikes Oil Service Superfund Site: On September 5, 2007, EPA signed an Administrative Settlement Agreement and AOC pursuant to CERCLA Sections 104, 106(a), 107, and 122 which require that The Timken US. Corporation: (1) pay $110,069 to EPA in reimbursement of Timken’s share of past costs and (2) complete the removal action previously initiated by EPA at the Sikes Oil Service Superfund Site in Arcade. Timken, a generator of waste at this oil recycling facility, is responsible for approximately one third of the waste-oil product sent to the Site. Timken is the largest known generator potentially responsible party at the Site, which operated from 1988 to 2005 as a used oil management facility. Subsequent to a lethal explosion on the Site in 2005, EPA commenced an emergency removal action.
South Carolina - Court Enters Consent Decree (CD) for Past Costs Regarding the Henry Wood Preserving Superfund Site: On August 21, 2007, the United States District Court for the District of South Carolina entered a CD for past response costs regarding the Henry Wood Preserving Superfund Site in Hemingway. Pursuant to this Consent Decree, Hardy D. Brown, a prior owner and operator of the former wood preserving facility, will pay $140,000 to EPA to resolve his liability for past response costs.
Tennessee - Region 4 Files Consent Agreement and Final Order (CAFO) with Erachem Comilog, Incorporated, (Respondent) to Resolve Alleged Violations of Notification Requirements of CERCLA Section 103(a): On August 1, 2007, a CAFO was filed the Respondent, located in New Johnsonville. EPA found that on August 24, 2006, that the Respondent had a release at or above the reportable quantity of a hazardous substance, sulfuric acid. The Respondent had failed to notify in a timely manner the National Response Center of a hazardous substance release. The Respondent agreed to complete a Supplemental Environmental Project, spending a minimum of $19,930, and to pay a penalty of $5,281 for the CERCLA violation.
South Carolina - Consent Decree (CD) for Remedial Design Remedial Action Lodged Regarding the Admiral Home Appliances Superfund Alternative Site: On July 16, 2007, the U.S. Department of Justice, on behalf of EPA, filed a Notice of Lodging of CD in the U.S. District Court for the District of South Carolina, pertaining to the Admiral Home Appliances Superfund Alternative Site in Williston. Under the terms of the CD, Dixie-Narco, Incorporated, Maytag Corporation, and Rheem Manufacturing Company are agreeing to fund and implement the remedy selected in EPA’s Record of Decision, issued on September 28, 2006. The proposed remedy includes excavation and off-site disposal of soils and sediments in a former equalization lagoon, Enhanced Reductive Dechlorination for groundwater, and excavation and off-site disposal of sediments and hydric soils in a former wastewater treatment system discharge and wetland area. The remedy is expected to cost over $5.4 million. The CD is subject to a 30-day public comment period. Press Release
South Carolina - Region 4 Enters into Consent Agreement and Final Order (CAFO) with Eastman Chemical Company in West Columbia, South Carolina, settling CERCLA Violations: On June 14, 2007, a CAFO was filed to resolve alleged violations of Section 103(a) of CERCLA with Eastman Chemical Company, West Columbia. The alleged violation resulted from Respondent’s failure to immediately report a release of the chemical p-xylene, above the reportable quantity, to the National Response Center. To resolve the matter, Respondent agreed to pay a civil penalty of $1, 310 to the U.S. Treasury and to complete a supplemental environmental project worth at least $4,944.
Mississippi - Region 4 Enters into a Consent Agreement and Final Order (CAFO) with Leaf River Cellulose, LLC, to Resolve a CERCLA Violation: On June 5, 2007, Region 4 and Respondent, Leaf River Cellulose, LLC (Leaf River), a subsidiary of Georgia Pacific Corporation entered into a CAFO to settle a violation of Section 103(a) of CERCLA for the amount of $2,619. Pursuant to the CAFO, Leaf River is required to spend $9,825 to perform a Supplemental Environmental Project (SEP). The SEP includes the purchase and donation of equipment to the New Augusta fire and hazardous materials response team. The violation resulted from the Respondent’s failure to immediately notify the National Response Center as soon as Respondent had knowledge of a release of the hazardous substance, sulfuric acid in an amount that exceeded the reporting quantity. The incident occurred on August 21, 2006, at the Respondent’s facility located in Augusta.
Alabama - Region 4 Files Consent Agreement and Final Order (CAFO) with Seaman Timber Company, Inc. to Resolve Alleged Violations of Section 103 of CERCLA: On May 22, 2007, a CAFO was filed to resolve alleged violations of CERCLA Section 103 with Seaman Timber Company, Incorporated, Montevallo. The violations were the result of Respondent’s failure to immediately report a release over the reportable quantity of Creosote, a hazardous substance, to the EPA National Response Center. To resolve this matter, the Respondent agreed to pay a civil penalty of $3,939 to the U.S. Treasury and to complete a supplemental environmental project worth at least $15,446.
Tennessee - Administrative Settlement Agreement and Order on Consent For Remedial Investigation and Feasibility Study (RIFS) for National Fireworks, Incorporated, Superfund Site, Cordova: On April 18, 2007, EPA and Security Signals, Incorporated, signed an Administrative Settlement Agreement and Order on Consent For RIFS for the National Fireworks, Incorporated Superfund Site. The RIFS will be conducted by Security Signals, Incorporated, at Operable Unit 2 (OU2) at the Site. Currently, Security Signals, Incorporated, owns and operates a manufacturing facility, i.e., OU2, within a portion of the Site. From 1941 to 1945, National Fireworks, Incorporated, owned and operated a facility at the Site manufacturing various munitions for the U.S. Departments of the Army and Navy including flares, grenades, smoke pots, 20-mm and 40-mm rounds, and incendiary bombs. Chemicals, including trichloroethene; 1,1-dichloroethene and Perchlorate have been found in the soil and groundwater at the Site. Trichloroethene; 1,1-dichloroethene and Perchlorate are hazardous substances pursuant to CERCLA. The Site is not listed on the National Priorities List and EPA is using the “Superfund Alternative Site” process to obtain the RIFS by Security Signals, Incorporated. The Settlement Agreement also contains an “Alternative Dispute Resolution” provision.
Georgia - Administrative Settlement Agreement and Order On Consent for Removal Action, LCP Chemicals Superfund Site, Brunswick: On April 17, 2007, Region 4 received a signature page executed by Honeywell International, Incorporated, as the Respondent to a CERCLA Sections 106 and 122 Administrative Order on Consent for Removal Action at the Site. No public-notice requirement was triggered by the settlement, and the Region was thus able to promptly execute it, causing April 18, 2007, to be the effective date of the settlement. Under the terms of the Settlement, Honeywell will carry-out the time critical removal action contemplated in EPA Region 4's March 29, 2006 Enforcement Action Memorandum addressing the “Caustic Brine Pool” located in the groundwater beneath the Site.
Florida - Agreement for Recovery of Past Response Costs at the Jernigan Trucking Dump Site Becomes Effective: On April 10, 2007, EPA's Settlement Agreement for Recovery of Past Response Costs with 5 potentially responsible parties (PRPs) who own parts of the Jernigan Trucking Dump Site in Seffner became effective. Under the terms of the agreement, the settling landowners will pay EPA $127,019.81 and will provide reasonable access to the Site for a separate group of waste generator PRPs who are conducting a removal action there under a separate agreement. The Jernigan Trucking Dump Site is a former dairy farm and peat mining operation, encompassing 180 acres just north of Tampa. In the 1970s and 1980s, the Site was used as a dumping ground for utility slag, cement kiln dust, fly ash, auto fluff, and battery casing chips. EPA has measured lead in the surface soils as high as 100,000 mg/kg.
Georgia - U.S. District Court for the Middle District of Georgia Enters a Consent Decree for Reimbursement of Costs Incurred under CERCLA at the Stoller Chemical Company and Pelham Phosphate Company Superfund Site: On March 22, 2007, the U.S. District Court for the Middle District of Georgia entered a Consent Decree providing reimbursement of costs for the Stoller Chemical Company and Pelham Phosphate Company Superfund Site, which is located in Pelham. The Consent Decree provides that the Defendant, Colgate-Palmolive Company, will pay $2,850,000 within 30 days.
Kentucky – Region 4 Signs Removal Administrative Settlement Agreement and Order on Consent for the LWD, Incorporated, Superfund Site: On February 28, 2007, Region 4, signed the Administrative Settlement Agreement and Order on Consent for Removal Action (AOC) for the LWD, Incorporated, Superfund Site. The Potentially Responsible Parties Group consists of 58 parties. They will undertake the time-critical removal work at the Site estimated to cost between $12 million and $15 million. The effective date of the AOC is March 1, 2007. The removal work will be performed in four phases. The work will include decontaminating, dismantling and removing the incinerator structure. The LWD, Incorporated, Site was a former hazardous waste incinerator in Calvert City. In February 2006, the State of Kentucky contacted Region 4’s Emergency Response and Removal Branch to stabilize the Site because an emergency situation had developed. Since March 2006, Region 4 has spent over $3 million on the removal action. Additional time critical removal work is still necessary.
Florida - Region 4 Signs CERCLA 122(h)(1) Settlement Agreement for the Anaconda and Milgo Site (Site) in Miami: On February 22, 2007, Region 4 signed the 122(h)(1) settlement agreement with, BP America, Incorporated, the parent company of the Potentially Responsible Party (PRP), the Atlantic Richfield Company (ARCO). The settlement agreement requires a single payment of $150,000. As of November 30, 2006, total past response costs attributable to this PRP was $280,824.65. EPA conducted response actions at the Site from 1985 to 1994. Contamination on the Anaconda property and in the groundwater was directly attributable to ARCO.
North Carolina - Court Enters Consent Decree for the Stallings Salvage Superfund Site: On January 24, 2007, the United States District Court for the Western District of North Carolina entered a Consent Decree pertaining to the Stallings Salvage Superfund Site in Monroe. Pursuant to this Consent Decree, Bill D. Stallings and Stallings Salvage, Incorporated, are agreeing to an ability-to-pay settlement of $150,000 plus interest over a four-year period to resolve their liability for past costs at the Site. Entry of this Consent Decree reflects the conclusion of EPA’s enforcement efforts at this Site. EPA performed a removal action at the Site in 2000. Until it was abandoned in 1994, the Site had been used for warehousing old building materials, oil-based paints, and adhesives.
Alabama - Access Warrant Signed for Anniston PCB Site: On January 17, 2007, the District Court for the Northern District of Alabama issued an Access Warrant to EPA 60 residential properties at the Anniston PCB Site where EPA and the Defendants have been unable to locate an owner or tenant from whom to seek access. The Access Warrant allows EPA, the State, Defendants, and their respective authorized representatives to undertake sampling and cleanup activities at the residential properties.
CWA
Tennessee - Water Treatment Plant Operator Sentenced: On March 10, 2008, Paul W. Perkins, the operator of the Rockwood Waste Water Treatment Plant, was sentenced to serve 24 months' probation and 40 hours of community service in the U.S. District Court for the Eastern District of Tennessee. Perkins had previously pleaded guilty to an Information charging him with submitting a false Discharge Monitoring Report to the Tennessee Department of Environment and Conservation, in violation of CWA, 33 United States Code Section 1319(c)(4).
Tennessee - Facility Sentenced for CWA Violation: On March 5, 2008, Archer Daniels Midland Company (ADM) pled guilty to negligently discharging process water into Chattanooga Creek without a permit, a CWA violation. ADM was sentenced in the U.S. District Court for the Eastern District of Tennessee to pay a $100,000 criminal fine plus $100,000 in restitution. The Tennessee Department of Environment and Conservation will receive $50,000 to fund a new state environmental forensic sampling team. In addition, the Southern Environmental Enforcement Network and the City of Chattanooga will receive $25,000 each.
Tennessee - Region 4 Files Consent Agreement and Final Order (CAFO) with Saddlebrook Development, Limited Liability Corporation, to Resolve Alleged Violations of CWA Section 402(p): On March 3, 2008, a CAFO was filed to resolve alleged storm water violations of CWA Section 402(p) at its construction site in Knoxville. The alleged violations included: failure to properly design, implement and maintain all best management practices; failure to implement stabilization; failure to mitigate and prevent or minimize adverse impacts; failure to operate and maintain all facilities and systems of treatment and control; and failure to take all reasonable steps to minimize or prevent any discharge that has a reasonable likelihood of adversely affecting the environment. To resolve this matter, Saddlebrook Development agreed to pay a civil penalty of $28,551 to the U.S. Treasury.
Kentucky - Septic Waste Operator Sentenced for Illegal Discharges of Pollutants: On February 26, 2008, David L. Bowling and his company, Dave's Concrete Products and Septic Tank Service, Incorporated, were sentenced in the U.S. District Court for the Eastern District of Kentucky, for knowingly violating CWA, 33 United States Code Section 1319(c)(2), by repeatedly discharging septic waste into a water of the United States between December 2005 and December 2006. Bowling was observed discharging septic waste into a storm drain which emptied into a creek which flowed into a tributary of the Big Sandy River, a navigable-in-fact water body. Following his guilty plea, David L. Bowling was sentenced to serve 12 months of incarceration followed by 12 months of supervised release. Bowling was also sentenced to pay a criminal fine of $260,000. Bowling's company was sentenced to pay a criminal fine of $130,000 and to serve five years's probation.
Alabama - Region 4 Enters into Consent Agreement and Final Order (CAFO) with Heritage Partners, Limited Liability Corporation, Settling Storm Water Violations: On February 5, 2008, a CAFO was approved by the Regional Judicial Officer, settling an enforcement action for violations of CWA Sections 301 and 402. A complaint was issued on June 19, 2007, alleging unpermitted disturbed acreage with no protective storm water controls, sediment discharges into waters of the U.S., missing storm water controls on the permitted acreage, inadequate site stabilization, and lack of inspection reports at Respondent’s Heritage Park Phase 2 construction site in McCalla. A penalty of $16,000 was assessed. This enforcement action resulted from an inspection by EPA on March 16, 2006.
Mississippi - Fifth Circuit Upholds Wetlands Conviction: On February 1, 2008, the Fifth Circuit Court of Appeals upheld the convictions of Robert J. Lucas, Jr., his daughter, Robbie Lucas Wrigley, and engineer M.E. Thompson, Jr., on all 41 counts of an indictment which charged violations of CWA Sections 402 and 404, mail fraud and conspiracy. The charges resulted from the development and sale by Lucas of hundreds of lots in the Big Hill Acres subdivision in delineated wetlands. In their appeal, the defendants’ argued, among other things, that the government had not proved the wetlands were waters of the United States, as required by the CWA. The Court of Appeals held, however, that the government had established jurisdiction and that the evidence proven at trial satisfied each test established under Rapanos, which was decided after the trial. The court ruled that by showing that the Big Hill Acres waters were adjacent to tributaries of navigable waters, the Government’s proof was “sufficient by the plurality’s (adjacency) measure of federal waters.” By proving that the Big Hill Acres wetlands controlled flooding and prevented pollution in downstream navigable waters, the prosecution also met “the (significant nexus) measure of federal waters offered by the concurring justice.” The Court also noted that the Government’s case satisfied the Riverside Bayview Homes, Incorporated, standard advocated by the Rapanos dissenters. The opinion can be found at: http://www.ca5.uscourts.gov/opinions/pub/06/06-60289-CR0.wpd.pdf.
Kentucky - Region 4 Enters into Consent Agreement and Final Order (CAFO) with Finke Homes, Incorporated, Settling Storm Water Violations: On January 17, 2008, a CAFO was approved by the Regional Judicial Officer which simultaneously commenced and concluded an enforcement action for violations of CWA Section 301 and 402. The violations alleged were for sediment discharges into waters of the U.S., poorly maintained and missing storm water controls, inadequate site stabilization, lack of inspections, and failure to provide a site map at Respondent’s Cedar Valley Resort construction site in Williamstown. After evaluating the company’s ability to pay, EPA and the company have agreed to an appropriate penalty of $30,000 in 8 installments over 2 years. This enforcement action resulted from an inspection by EPA on March 14, 2006.
North Carolina - Region 4 Enters into Consent Agreement and Final Order (CAFO) with White Oak Development Partners, Limited Liability Corporation, Settling Storm Water Violations: On January 17, 2008, a CAFO was approved by the Regional Administrator which simultaneously commenced and concluded an enforcement action for violations of CWA Sections 301 and 402. The violations alleged were for failure to minimize or prevent sediment discharges into a water of the U.S., the disposal of construction debris in a water of the U.S., missing control measures, and failure to operate and maintain storm water controls at Respondent’s White Oak Plantation construction site in Tryon. The company is required to pay a penalty of $40,000. This enforcement action resulted from an inspection by EPA on March 13, 2007.
Alabama - Region 4 Files Consent Agreement and Final Order (CAFO) with Highpoint Development, Incorporated, (Respondent) to Resolve Alleged Violations of CWA Section 402(p): On January 7, 2008, a CAFO was filed to resolve alleged storm water violations of CWA Section 402(p) at its construction site in Birmingham. The alleged violations included: failure to take all reasonable steps to minimize or prevent any discharge; failure to properly design, implement and maintain all best management practices; failure to remediate off-site deposition and discharges; failure to mitigate and prevent or minimize adverse impacts; and failure to take all reasonable steps to prevent or minimize impacts to waters. To resolve this matter, Respondent agreed to pay a civil penalty of $14,000 to the U.S. Treasury.
Kentucky - Septic Waste Hauler Pleads Guilty to CWA Violation: On November 13, 2007, in the U.S. District Court for the Eastern District of Kentucky, David L. Bowling and his company, Dave's Concrete Products and Septic Tank Service, Incorporated, pled guilty to a felony violation of CWA, 33 United States Code Section 1319(c)(2), for knowingly discharging septic waste into a water of the United States between December 2005 and December 2006. Bowling was observed discharging septic waste into a storm drain which emptied into a creek which flowed into a tributary of the Big Sandy River, a navigable-in-fact water body. Sentencing is set for February 26, 2008.
Tennessee - Water Treatment Plant Operator Enters Guilty Plea: On November 8, 2007, Paul W. Perkins, the operator of the Rockwood, Tennessee, Waste Water Treatment Plant, entered a guilty plea in the U.S. District Court for the Eastern District of Tennessee to an Information charging him with submitting a false Discharge Monitoring Report to the Tennessee Department of Environment and Conservation, in violation CWA, 33 United States Code Section 1319(c)(4). Perkins will be sentenced in February 2008.
North Carolina - Company President Pleads Guilty in CWA Case: On October 11, 2007, in the Western District of North Carolina, Ralph Rogers, the owner and president of Ecosolve, pled guilty to one count of conspiracy to violate CWA. Ecosolve operates a fleet of vacuum trucks that removes, transports, and disposes of grease trap waste from restaurants. Indicted in April 2007, Rogers acknowledged that the company illegally disposed of grease trap waste into the sewer systems of Charlotte and surrounding communities. He agreed to serve 12 months home confinement, publish a public apology, and pay a fine to be determined by the court.
Kentucky - Region 4 Files Consent Agreement and Final Order (CAFO) with BP Pipelines (North America), Incorporated, to Resolve CWA Section 311 Violation: On September 25, 2007, Region 4 filed a Class II CAFO with BP, regarding a violation of Section 311(b)(3) of CWA, 33 United States Code Section 1321(b)(3), in Allegre. The violation involved a spill of 10,500 gallons of Xylol (a mixture of xylenes and ethylbenzene) into navigable waters from a BP interstate pipeline running through Allegre. The spill occurred on November 23, 2005. Pursuant to this CAFO, BP has agreed to pay a penalty of $80,133.
Georgia – Region 4 Files Consent Agreement and Final Order (CAFO) and Consent Agreement and Compliance Order (CACO) with Paulding Properties, Incorporated, Resolving Alleged Violations of CWA Section 404: On September 17, 2007, Region 4 filed a CAFO with Paulding Properties, Incorporated, of Dallas, resolving alleged violations of CWA Section 404, resulting from the dredging and filling of wetlands associated with residential construction activities. The site at issue is the Happy Valley development located just west of Atlanta. As part of the settlement agreement, Paulding Properties agreed to pay a penalty of $18,000. In addition to the CAFO, on August 21, 2007, Paulding Properties entered into a CACO with Region 4 to perform substantial mitigation to remedy the dredging and filling of approximately 1.39 acres of jurisdictional wetlands and approximately 3,909 linear feet of a tributary of Lane Creek. As part of the CACO, Paulding Properties agreed to perform substantial restoration work including onsite stream restoration, erosion control, and replanting of vegetation. Paulding Properties also agreed to purchase 9,019 stream credits and 7.8 wetlands credits for direct impacts; and 5,000 stream credits for indirect impacts. These obligations must be performed within 180 days.
Alabama - Region 4 Enters into Consent Agreement and Final Order (CAFO) with Lindsey Estates, Settling Storm Water Violations: On September 4, 2007, a CAFO was approved by the Regional Judicial Officer which simultaneously commenced and concluded an enforcement action for violations of CWA Sections 301 and 402 at the Lindsey Estates construction site in Greenwood. The violations alleged that there are poorly maintained and missing storm water controls, inadequate site stabilization, and sediment discharges into waters of the U.S. The company is required to pay a civil penalty of $10,000. This enforcement action resulted from an inspection by EPA on February 7, 2007.
Kentucky - Region 4 Enters into Consent Agreement and Final Order (CAFO) with Faulkner Real Estate Corporation and Forest Green – Land, LLC in Settling Storm Water Violations: On August 20, 2007, a CAFO was approved by the Regional Judicial Officer which simultaneously commenced and concluded an enforcement action for violations of Sections 301 and 402 of the Clean Water Act at the Lot 1 Forest Green construction site in Louisville. The alleged violations included failure to obtain a National Pollutant Discharge Elimination System permit and sediment discharges into waters of the U.S. The companies are required to pay a civil penalty of $48,000. This enforcement action resulted from an inspection by EPA on October 25, 2006.
Kentucky - Region 4 Enters into Consent Agreement and Final Order (CAF0) with Nexus Construction, Settling Storm Water Violations: On August 20, 2007, a CAFO was approved by the Regional Judicial Officer which simultaneously commenced and concluded an enforcement action for violations of Sections 301 and 402 of the CWA at the Legends at Steeplechase construction site in Richwood. The violations alleged were for poorly maintained and missing storm water controls, inadequate site stabilization, lack of inspections, and sediment discharges into waters of the U.S. The company is required to pay a penalty of $16,000. This enforcement action resulted from an inspection by EPA on May 25, 2006.
North Carolina - Region 4 Enters into Consent Agreement and Final Order (CAFO) with Gandy Communities, Incorporated, in Settling Storm Water Violations: On August 20, 2007, a CAFO was approved by the Regional Judicial Officer which simultaneously commenced and concluded an enforcement action for violations of Sections 301 and 402 of the CWA at the Villages at Parkside construction site in Gastonia. The violations alleged were for poorly maintained and missing storm water controls, inadequate site stabilization and sediment discharges into waters of the U.S. The company is required to pay a penalty of $25,000. This enforcement action resulted from an inspection by EPA on April 6, 2006.
Georgia - EPA Region 4 enters into Consent Agreement and Final Order (CAFO) with Donald Evans, Bob Evans, Kevin Evans, and Evans Construction Company for CWA Violations: On July 26, 2007, Region 4 entered into a CAFO with the above-listed Respondents, resolving penalty claims for violations of Section 301 and 404 of the CWA. The violations addressed in the CAFO arose in the aftermath of an earlier Section 404 enforcement action relating to wetlands along the Oosanaula River in Rome, which was settled by EPA in 2000 with a Compliance Order on Consent. Under the prior settlement, the Respondents agreed to complete partial site restoration, obtain an after-the-fact permit from the U.S. Army Corps of Engineers (COE) for discharges remaining in place, and implement a plan to mitigate for the impacts to the wetlands. The COE did issue the after-the-fact permit and that permit included as a condition an obligation to implement the Wetland Mitigation Plan developed as part of the settlement. However, the Respondents failed to implement the mitigation plan, thus violating its Section 404 permit, and the COE referred that violation to EPA for further enforcement. The CAFO requires Respondents to pay a penalty of $157,500 for failing to comply with the Section 404 permit.
South Carolina - Region 4 Files Consent Agreement and Final Order (CAFO) with Spinx Transportation, Incorporated, (Respondent) to Resolve CWA Violations, as amended by the Oil Pollution Act of 1990 (OPA): On July 24, 2007, EPA Region 4 filed a Class 2 Administrative CAFO with the Respondent. On May 24, 2002, the Respondent had a release of oil from one of its tanker trucks involved in a single vehicle accident that discharged approximately 6258 gallons of oil into Fairforest Creek, a navigable water, causing a sheen on the Creek and its adjoining shorelines. Pursuant to the CAFO, the Respondent agreed to pay a penalty of $27,000 for the violation.
South Carolina - Consent Decree for Remedial Design and Remedial Action Lodged Regarding the Admiral Home Appliances Superfund Alternative Site in Williston: On July 16, 2007, the U.S. Department of Justice, on behalf of EPA, filed a Notice of Lodging of Consent Decree in the U.S. District Court for the District of South Carolina, pertaining to the Admiral Home Appliances Superfund Alternative Site in Williston. Under the terms of the Consent Decree, Dixie-Narco, Incorporated, Maytag Corporation, and Rheem Manufacturing Company are agreeing to fund and implement the remedy selected in EPA’s Record of Decision, issued on September 28, 2006. The proposed remedy includes excavation and off-site disposal of soils and sediments in a former equalization lagoon, Enhanced Reductive Dechlorination for groundwater, and excavation and off-site disposal of sediments and hydric soils in a former wastewater treatment system discharge wetland area. The remedy is expected to cost over $5.4 million.
Georgia - EPA Region 4 enters into Consent Agreement and Final Order (CAFO) with Sanders Square, LLC (Sanders Square): On July 13, 2007, EPA filed the executed CAFO with the Regional Hearing Clerk, to settle violations of Section 301 of the CWA at the Sanders Square residential construction site in Cumming. The CAFO requires the payment of a penalty of $16,000. Region 4 filed a Complaint against Sanders Square on September 20, 2006, for violations of its NPDES permit for storm water discharges associated with construction activity. Numerous violations of the permit were observed during an inspection conducted by EPA, Georgia and County officials. These violations resulted in site erosion and sedimentation of a creek.
Georgia - EPA Region 4 enters into Consent Agreement and Final Order (CAFO) with Sanders Square, LLC: On July 13, 2007, EPA filed the executed CAFO with the Regional Hearing Clerk, to settle violations of Section 301 of the CWA at the residential construction site in Cumming. The CAFO requires the payment of a penalty of $16,000. Region 4 filed a Complaint against Sanders Square, LLC (Sanders Square) on September 20, 2006, for violations of Sanders Square’s National Pollutant Discharge Elimination System permit for storm water discharges associated with construction activity. Numerous violations of the permit were observed during an inspection conducted by EPA, Georgia and County officials, and the violations were resulting in site erosion and sedimentation of a creek. The violations had continued for many months as they had been documented by earlier county inspections and Notices of Violation.
Georgia - Acuity Specialty Products Group Pleads Guilty to Felony Violation of CWA: On June 29, 2007, Acuity Specialty Products, a chemical blending facility located in Atlanta, pled guilty to a felony violation of the CWA. Acuity Specialty Products, formerly known as Zep Manufacturing, pled guilty to knowingly violating the requirements of an approved pretreatment program by falsifying flow, pH, and phosphorus data; tampering with compliance samples; diluting its wastewater flow; backdating chain of custody forms; “holding in” its wastewater during inspections conducted by the City of Atlanta; and failing to report spills in violation of its pretreatment permit. Pursuant to a plea agreement, Acuity will pay a criminal fine of $3.8 million dollars, which is the largest criminal fine ever assessed in the Northern District of Georgia.
Kentucky - Region 4 Files Consent Agreement and Final Order (CAFO) with Crittenden County Coal, Incorporated, to Resolve Alleged Violations of Section 404 of the Clean Water Act (CWA): On June 19, 2007, a CAFO was filed to resolve alleged violations of the CWA Section 404. The alleged violation was discharging dredged and/or fill material into a perennial stream without a CWA Section 404 permit. The Respondent impacted approximately 2,280 linear feet of an unnamed tributary to Caney Branch that is approximately 2.5 miles from the Tradewater River, a navigable-in-fact water of the United States. The Tradewater River enters the Ohio River, a navigable-in-fact water of the United States, approximately 3.5 miles downstream of its intersection with Caney Branch. To resolve this matter, Respondent has agreed to pay a civil penalty of $100,000 to the U.S. Treasury.
Alabama - Region 4 Files an Administrative Complaint Against Heritage Partners, LLC, for Storm Water Violations: On June 19, 2007, Region 4 filed an Administrative Complaint and Notice of Proposed Penalty Assessment against Heritage Partners, LLC, for violations of Sections 301 and 402 of the CWA at its Heritage Park Phase 2 construction site located in McCalla. The violations alleged were for conducting construction activities beyond the authorized scope of the permit, poorly maintained and missing storm water controls, inadequate site stabilization, lack of inspections, and sediment discharges into waters of the United States. Region 4 is seeking up to $32,500 for the violations. This enforcement action resulted from an inspection by EPA on March 16, 2006.
North Carolina - Region 4 Enters into Consent Agreement and Final Order (CAFO) with Wake County Board of Education, Settling Storm Water Violations: On May 30, 2007, a CAFO was approved by the Regional Judicial Officer which simultaneously commenced and concluded an enforcement action for violations of Section 301 and 402 of the Clean Water Act. The violations alleged were for inadequate stormwater pollution prevention plans, bypassed and poorly maintained storm water controls, inadequate site stabilization, and sediment discharges into waters of the United States. The entity is required to pay a penalty of $8,000. This enforcement action resulted from an inspection by EPA on September 27, 2006.
Kentucky - Region 4 Enters into Consent Agreement and Final Order (CAFO) with Baton Rouge Land Company, LLC, in Kentucky, Settling Storm Water Violations: On May 30, 2007, a CAFO was approved by the Regional Administrator which simultaneously commenced and concluded an enforcement action for violations of Sections 301 and 402 of the Clean Water Act at the Thoroughbred Run Subdivision construction site in Williamstown. The violations alleged were for poorly maintained and missing storm water controls, inadequate site stabilization, lack of inspections, and sediment discharges into waters of the United States. The company is required to pay a penalty of $35,000. This enforcement action resulted from an inspection by EPA on May 24, 2006.
Kentucky - Region 4 Enters into Consent Agreement and Final Order (CAFO) with Walton Land Development, LLC, Settling Storm Water Violations: On May 30, 2007, a CAFO was approved by the Regional Judicial Officer which simultaneously commenced and concluded an enforcement action for violations of Sections 301 and 402 of the Clean Water Act at the Walton Towne Center construction site in Williamstown. The violations alleged were for inadequate stormwater pollution prevention plans, poorly maintained and missing storm water controls, inadequate site stabilization, lack of inspections, and sediment discharges into waters of the United States. The company is required to pay a penalty of $25,000. This enforcement action resulted from an inspection by EPA on May 24, 2006.
North Carolina - Region 4 Enters into Consent Agreement and Final Order (CAFO) with S and S Land Development, LLC, Settling Storm Water Violations: On May 22, 2007, a CAFO was approved by the Regional Judicial Officer which simultaneously commenced and concluded an enforcement action for violations of Section 301 and 402 of the CWA. The violations alleged were for inadequate stormwater pollution prevention plans, poorly maintained storm water controls, inadequate site stabilization, and sediment discharges into waters of the United States. The company is required to pay a penalty of $10,000. This enforcement action resulted from an inspection by EPA on September 28, 2006.
North Carolina - Parties Indicted in Pretreatment Case: On April 25, 2007, in the Western District of North Carolina, a grand jury returned a 10 count indictment against Ecosolve, LLC; the company’s owner and president, Ralph Rogers, and operations manager, Thomas Forebush. This was in connection with the illegal pumping and disposal of grease traps into the sewer systems of Charlotte and surrounding communities. Charges include felony violations of the Clean Water Act, conspiracy, wire fraud, and false statements. Ecosolve operates a fleet of vacuum trucks that removes, transports, and disposes of grease trap waste from restaurants.
Tennessee - Municipal Wastewater Plant Operator and Municipal Utilities Official Sentenced: On April 20, 2007, Michael Holden and Larry Holden were sentenced in the U.S. District Court for the Middle District of Tennessee for violating the False Statements Act, 18 United States Code (U.S.C.) Section 1001. The defendants had been previously convicted of causing the submission of numerous false Discharge Monitoring Reports and Monthly Operating Reports to the State of Tennessee between 2001 and 2004. Michael Holden was also convicted of obstructing justice in violation of the Sarbanes-Oxley Act, 18 U.S.Code Section 1519, for instructing someone to fill in numerous blank “bench sheets” with fictitious data, in an effort to impede the investigation. Michael Holden was the certified operator of the Mt. Pleasant municipal sewage treatment plant. Larry Holden, his father, was the city’s superintendent of public works. Michael Holden was sentenced to serve 32 months of incarceration, followed by 24 months of supervised release. Larry Holden was sentenced to serve 24 months of incarceration, followed by 24 months of supervised release. Both defendants will serve the first 9 months of their supervised release in a halfway house. No fines were imposed.
Kentucky - District Court Enters Consent Decree in U.S. versus Sanitation District Number 1 of Northern Kentucky: On April 18, 2007, the U.S. District Court for the Eastern District of Kentucky issued an order entering the Consent Decree which resolves claims that Sanitation District Number 1 (SD#1) violated the CWA by illegally discharging millions of gallons of untreated municipal wastewater through sanitary sewer overflows, combined sewer overflows, and other unpermitted discharges. The Consent Decree was lodged in October of 2005. The lodging was followed by a motion to intervene in the proceedings filed by a local petitioner. Intervention was granted and a series of hearings and briefings followed. As the Court noted in its order, the principal objections of the intervenor to the consent decree were the prioritization of projects in outlying areas as opposed to the inner city; the length of time to fully implement the decree; the lack of specificity of corrective measures; and alleged insufficient public input. In ruling that the consent decree is in the public interest and granting the motions to enter, the Court noted that the fact that it retains jurisdiction to effectuate and enforce the decree enables the Court to assure public input and that the decree is carried out in good faith.
Kentucky - Consent Decree Entered Settling Region 4 Clean Water Act Case Against Winchester Municipal Utilities (WMU) and the City of Winchester (City) : On April 10, 2007, the District Court for the Eastern District of Kentucky entered a consent decree settling violations of Section 301 of the CWA by WMU and the City. The Commonwealth of Kentucky joined the United States as a plaintiff in the action. The violations resolved in the settlement included unauthorized sanitary sewer overflows (SSOs) into waters of the United States from WMU’s and the City’s sanitary sewer system and unauthorized bypasses from treatment of significant volumes of raw sewage from a constructed bypass location at the wastewater treatment plant. The consent decree will fully resolve the CWA claims against the City and WMU. It will require injunctive relief to eliminate all SSOs and ensure future compliance with the CWA and the National Pollutant Discharge Elimination System (NPDES) permit at an estimated cost of $79 million. The relief would eliminate all unauthorized discharge points in the sewer system and the bypass at the treatment plant. The consent decree also requires WMU and the City to pay to the United Sates a civil penalty of $75,000. WMU and the City will also perform a supplemental environmental project (SEP) at a cost of $230,000. The SEP will require the defendants to capture and treat the “first flush,” or the initial flow from a storm event in Town Branch by designing, constructing, and maintaining one or more end-of-pipe structural best management practices (BMPs). The BMPs may include sedimentation, floatation, infiltration, adsorption, biological uptake, biological conversion and/or degradation. The City is located approximately 20 miles east of Lexington and has a population of approximately 16,000. The City's wastewater infrastructure is managed by WMU, which is responsible for the daily operation and maintenance of a 4 million gallon-per-day wastewater treatment plant, about 144 miles of sewer lines, 17 pump stations, and other sewer related facilities. The Commonwealth of Kentucky issued to the City and WMU an NPDES permit which authorizes discharges to Strodes Creek, which is on Kentucky's Section 303(d) list of impaired waters for nutrients, siltation, organic enrichment and low dissolved oxygen, and pathogens. The City and WMU discharge treated, partially treated, and untreated sewage into Strodes Creek totaling 7,055,505 gallons per year of SSOs and 161,390,800 gallons per year of unauthorized bypasses at the treatment plant. These discharges are a cause of the identified impairment.
Kentucky, - Region 4 Enters into Consent Agreement and Final Order (CAFO) with Ball Homes, LLC, in Settling Storm Water Violations: On April 10, 2007, a CAFO was approved by the Regional Administrator which simultaneously commenced and concluded an enforcement action for violations of Section 301 and 402 of the CWA. The violations alleged were for the failure to minimize or prevent sediment discharges into waters of the United States, failure to install and maintain storm water controls, and failure to conduct inspections at Respondent’s Gess Properties Parcels 4 and 5 construction site in Lexington. The company is required to pay a penalty of $40,000. This enforcement action resulted from an inspection by EPA on April 20, 2006.
Alabama - Region 4 Enters into Consent Agreement and Final Order (CAFO) with D.R. Horton, Incorporated, Settling Storm Water Violations: On March 27, 2007, a CAFO was approved by the Regional Judicial Officer which simultaneously commenced and concluded an enforcement action for violations of Section 301 and 402 of the CWA. The violations alleged were for inadequate inspection reports, poorly maintained and missing storm water controls, inadequate site stabilization, and sediment discharges into waters of the United States. The company is required to pay a penalty of $15,000 and perform a Supplemental Environmental Project (SEP) valued at $22,500. The SEP is a stream restoration project, part of the Five Mile Creek Greenway Partnership in Fultondale. This enforcement action resulted from an inspection by EPA on March 14, 2006.
North Carolina - Transportation Officials Sentenced: On March 20, 2007, a United States District Court Judge in Raleigh sentenced Jerry Gaskill, former Director of the Ferry Division of the North Carolina Department of Transportation, and Bill Moore, former director of Field Maintenance for the Ferry Division, to 6 months home confinement, three years probation, and a $5,000 fine. Moore’s sentence was for violating the CWA and the Rivers and Harbors Act in connection with the unpermitted dredging in May 2004 of a channel in Currituck Sound. Gaskill’s sentence resulted from his conviction for conspiracy and making false statements to federal investigators in connection with the dredging incident.
Tennessee - Water Treatment Plant Operator Sentenced for Making False Statements: On March 19, 2007, Wayne Price was sentenced in the U.S. District Court for the Eastern District of Tennessee to one year of probation and 50 hours of community service. Price had previously pled guilty to making false statements in discharge monitoring reports required under the CWA, in violation of 33 United States Code Section 1319(c)(4). Price operates the City of Decatur’s Waste Water Treatment Plant.
North Carolina - Region 4 Enters into Consent Agreement and Final Order (CAFO) with City of Durham Settling CWA Violations: On March 1, 2007, a CAFO was approved by the Regional Judicial Officer which simultaneously commenced and concluded an enforcement action for violations of Section 301 and 402 of the CWA. The violations alleged were for incomplete implementation of several programs required by Respondent’s permit for the operation of Respondent’s Municipal Separate Storm Sewer System. The company is required to pay a penalty of $5,000.
Kentucky - District Court Hears Oral Argument on Jurisdiction in United States verses Cundiff Wetlands Case Following Remand from Sixth Circuit in Light of Rapanos Decision: On January 25, 2007, the District Court for the Western District of Kentucky heard oral arguments on the limited issue of whether the wetlands owned by Rudy Cundiff in western Kentucky fall within the jurisdiction of the United States in light of the Rapanos decision. The District Court had previously determined that the defendants had violated the Clean Water Act by discharging dredged and fills material into jurisdictional wetlands and ordered the defendants to pay a civil penalty and to implement a restoration plan designed by the United States. The defendants timely appealed the District Court’s finding of liability and decision to impose a civil penalty and restoration plan. While the defendants’ appeal was pending, on June 19, 2006, the Supreme Court issued a decision in the consolidated cases of Rapanos and Carabell, which collectively address the meaning of the phrase “waters of the United States” for purposes of the Clean Water Act. The parties jointly moved for a limited remand on the issue of jurisdiction. On September 29, 2006, the Sixth Circuit granted the parties’ request for a limited remand. On January 18, 2007, the United States filed its pre-trial brief, which will set forth in detail the government’s interpretation of the Rapanos decision.
Kentucky - Region 4 Settles CWA Case Against Winchester Municipal Utilities and the City of Winchester: On January 16, 2007, the Department of Justice lodged a complaint and proposed consent decree in the United States District Court for the Eastern District of Kentucky settling violations of Section 301 of the CWA by Winchester Municipal Utilities (WMU) and the City of Winchester (City). The violations included unauthorized sanitary sewer overflows (SSOs) into waters of the United States from the District’s sanitary sewer system and unauthorized bypasses from treatment of significant volumes of raw sewage from a constructed bypass location at the City’s wastewater treatment plant. The proposed consent decree will fully resolve the claims against the City and WMU. It will require injunctive relief to eliminate all SSOs and ensure future compliance with the CWA and their KPDES permit at an estimated cost of $79 million. The relief would eliminate all unauthorized discharge points in the sewer system and the bypass at the treatment plant. The consent decree also requires WMU and the City to pay to the United Sates a civil penalty of $75,000. WMU and the City will also perform a supplemental environmental project (SEP) at a cost of $230,000. The SEP will require the defendants to capture and treat the “first flush,” or the initial flow from a storm event, in Town Branch, by designing, constructing, and maintaining one or more end-of-pipe structural best management practices (BMPs). The BMPs may include sedimentation, floatation, infiltration, adsorption, biological uptake, biological conversion and/or degradation.
EPCRA
Learn moreGeorgia - Region 4 Files Consent Agreement and Final Order (CAFO) with Harcros Chemical, Incorporated: On February 20, 2008, a CAFO with Harcros Chemical was approved by EPA's Regional Judicial Officer. On August 7, 2007, Harcros had a release of anhydrous ammonia above the reportable quantity at its facility in Dalton. EPA alleged that Harcros violated CERCLA Section 103(a) by failing to immediately notify the National Response Center as soon as Harcros had knowledge of the release, and also violated EPCRA section 304(a) by failing to immediately notify the State Emergency Response Center (SERC) and Local Emergency Planning Committee (LEPC) as soon as it had notice of the release. Harcros has agreed to pay a penalty of $665, and to spend $5,000 on a Supplemental Environmental Project.
Kentucky - Region 4 Files Consent Agreements and Final Orders (CAFO) with Catlettsburg Refining, Limited Liability Corporation, to Resolve EPCRA Violations: On January 29, 2008, a CAFO with Catlettsburg Refining was approved by the Regional Judicial Officer. EPA determined that on March 6, 2007, Catlettsburg’s facility had a release of a CERCLA-listed hazardous substance, sulfuric acid, above the reportable quantity of 1,000 pounds, and that Catlettsburg failed to immediately notify the State Emergency Response Commission and Local Emergency Response Cites as soon as it had knowledge of a release equal to or greater than the reportable quantity in violation of Section 304(a) of EPCRA, 42 United States Code Section 11004(a), and applicable regulations at 40 Code of Federal Regulations Section 355.40. Catlettsburg has agreed to complete a Supplemental Environmental Project, spending a minimum of $9,823 to purchase of equipment and training materials for Boyd County and to pay a penalty of $2,619 for violations of EPCRA Section 304.
Tennessee - Region 4 Files Consent Agreements and Final Orders (CAFO) with PBR Knoxville, Limited Liability Corporation, to Resolve EPCRA Violations: On January 29, 2008, a CAFO with PBR Knoxville (PBR) was approved by the Regional Judicial Officer. PBR violated Section 312 of EPCRA, 42 United States Code Section 11022, by failing to include petroleum distillate, a hazardous chemical under Section 329(5) of EPCRA, in the Emergency and Hazardous Chemical Inventory Form submitted to the State Emergency Response Commission, Local Emergency Response Cites, and fire department with jurisdiction over PBR’s facility for calendar years 2004, 2005 and 2006 by March 1 of the following years, respectively. PBR has agreed to pay a penalty of $7,190.
Alabama - Region 4 Files Consent Agreements and Final Orders (CAFO) with Atlantic Marine Alabama, Limited Liability Corporation, to Resolve EPCRA Violations: On January 17, 2008, a CAFO with Atlantic Marine Alabama (Atlantic) was approved by the Regional Judicial Officer. Atlantic violated Section 313 of EPCRA, 42 United States Code Section 11023, by failing to submit toxic chemical release inventory reporting Form R’s to EPA and to the state of Alabama for propylene, a toxic chemical that Atlantic processed and used at its plant in excess of the 25,000/10,000 pound threshold quantities established under Section 313(f) of EPCRA, during calendar years 2003, 2004 and 2005. Atlantic has agreed to pay a penalty of $15,831.
Georgia - Region 4 Enters into Consent Agreement and Final Order (CAFO) with Equity Group-Georgia Division, Limited Liability Partnership, to Resolve Alleged Violations of CERCLA 103(a) and EPCRA 304(a): On November 20, 2007, Region 4 filed a CAFO with Equity Group-Georgia Division, Limited Liability Corporation, to resolve alleged violations of Sections 103(a) of CERCLA and 304(a) of EPCRA. On May 17, 2007, anhydrous ammonia had been released at its facility located in Camilla. The CAFO alleged that the company did not immediately notify the National Response Center of the release. To resolve the violation, the company agreed to pay a $15,716 penalty for the CERCLA violation, and $5,239 for the alleged violation of Section 304(a) of EPCRA.
South Carolina - Region 4 Files Consent Agreement and Final Order (CAFO) with Röchling Automotive Duncan, Limited Liability Partnership, (Respondent) to Resolve Alleged Violations of EPCRA Section 312: On October 9, 2007, Region 4 filed a CAFO to resolve alleged violations of EPCRA Section 312 with the Respondent. The violations were the result of Respondent’s failure to submit a completed Emergency and Hazardous Chemical Inventory Form for bisphenol, a polycarbonate, to the State Emergency Response Commission, the Local Emergency Planning Commission, and the fire department with jurisdiction over the facility for calendar years 2004 and 2005. To resolve this matter, the Respondent agreed to pay a civil penalty of $5,180 to the U.S. Treasury and to complete a supplemental environmental project worth at least $14,389.
Kentucky - Region 4 Enters into a Consent Agreement and Final Order (CAFO) with Southwire Company (Southwire) to Resolve an EPCRA Violation: On August 20, 2007, Region 4 and Southwire entered into a CAFO to settle a violation of Section 304(a) of EPCRA for the amount of $7,978. Pursuant to the CAFO, Southwire is required to spend a total of $26,127 to perform Supplemental Environmental Projects (SEPs). The SEP categorized as a Pollution Reduction SEP requires Southwire to spend $17,963 to install automatic shut off valves for machines that use chlorine. The other SEP, categorized as an Emergency Preparedness SEP, requires Southwire to spend $8,164 for equipment to be donated to the Hawesville Fire Department. The violation resulted from Southwire’s failure to immediately notify the National Response Center as soon as Southwire had knowledge of a release of the extremely hazardous substance chlorine in an amount that exceeded the reporting quantity. The incident occurred on January 16, 2007, at the Southwire’s facility located in Hawesville.
South Carolina - Region 4 Files Consent Agreement and Final Order with Mitsubishi Polyester Film, Incorporated, to Resolve Alleged Violations of Reporting Requirements of Section 312 of EPCRA: On August 7, 2007, a Consent Agreement and Final Order was filed with Mitsubishi Polyester Film, Incorporated, (Respondent), located in Greer. EPA found that for calendar years 2003, 2004, and 2005, the Respondent failed to submit Hazardous Chemical Inventory Forms for four hazardous chemicals present at the facility to South Carolina’s State Emergency Response Commission, the Local Emergency Planning Committee, and the fire department with jurisdiction in the area, as required by Section 312 of EPCRA. The Respondent agreed to pay a penalty of $7,190 for the EPCRA violations.
Kentucky - Region 4 Files Consent Agreement and Final Order with Zeon Chemicals LP, to Resolve Alleged Violations of Notification Requirements of Section 103(a) of CERCLA, and Section 304(a) of EPCRA: On August 6, 2006, a Consent Agreement and Final Order was filed with Zeon Chemicals LP, (Respondent), located in Louisville. EPA found that on June 29, 2006, the Respondent had a release at or above the reportable quantity of an extremely hazardous substance, acrylonitrile, and a hazardous substance, butadiene, and that the Respondent failed to timely notify the National Response Center of a hazardous substance release as required by Section 103(a) of CERCLA. The Respondent failed to notify Kentucky’s State Emergency Response Commission (SERC), and the Local Emergency Planning Committee, (LEPC)
of the release, and failed to provide written notice of the release to the appropriate SERC and LEPC, violating Section 304(a) of EPCRA. The Respondent agreed to complete a Supplemental Environmental Project, spending a minimum of $12,279, and to pay a penalty of $1,637 for the CERCLA violation, and $1,637 for the EPCRA violations.
Mississippi - Region 4 Files Consent Agreement and Final Order with Delta Pride Catfish, Incorporated, to Resolve Alleged Violations of Notification Requirements of Section 103(a) of CERCLA, and Section 304(a) of EPCRA: On August 2, 2007, a Consent Agreement and Final Order was filed with Delta Pride Catfish, Incorporated, (Respondent), located in Indianola. EPA found that on February 7, 2006, the Respondent had a release at or above the reportable quantity of a hazardous substance, anhydrous ammonia, and that the Respondent failed to timely notify the National Response Center of a hazardous substance release as required by Section 103(a) of CERCLA. Under EPCRA’s reporting requirements, anhydrous ammonia is classified as an extremely hazardous substance. The Respondent also failed to notify Mississippi’s State Emergency Response Commission (SERC), and Local Emergency Planning Committee, (LEPC) of the release, and failed to provide written notice of the release to the appropriate SERC and LEPC, violating Section 304(a) of EPCRA. The Respondent agreed to complete a Supplemental Environmental Project, spending a minimum of $42,492, and to pay a penalty of $3,929 for the CERCLA violations, and $7,179 for the EPCRA violations.
North Carolina - Region 4 Files Consent Agreement and Final Order (CAFO) with Carolina Fur Dressing Company, to Resolve Alleged Violations of Reporting Requirements of EPCRA Section 313: On July 26, 2007, a CAFO was filed with Carolina Fur Dressing Company, (Respondent), located in Raleigh. EPA found that for calendar years 2003, 2004, and 2005, the Respondent failed to submit Form R for formic acid, a toxic chemical, to EPA and the State of North Carolina, as required by Section 313 of EPCRA. The Respondent agreed to pay a penalty of $12,186 for the alleged EPCRA violations.
Alabama - Region 4 Files Consent Agreement and Final Order (CAFO) with Leroy Hill Coffee Company to Resolve Alleged Violations of EPCRA: On June 27, 2007, a CAFO was filed to resolve alleged violations of EPCRA Section 312 with Leroy Hill Coffee Company, Mobile. The violations were the result of Respondent’s failure to submit a completed Emergency and Hazardous Chemical Inventory form for carbon dioxide to the State Emergency Response Commission, the Local Emergency Planning Committee, and the local fire department for the calendar years 2003, 2004 and 2005. To resolve this matter, the Respondent agreed to pay a penalty of $7,190.
Tennessee - Region 4 Files Consent Agreement and Final Order (CAFO) with D. Canale Beverages, Incorporated, to Resolve Alleged Violations of Section 312 of EPCRA: On June 14, 2007, a CAFO was filed to resolve alleged violations of EPCRA Section 312 with D. Canale Beverages, Incorporated, Memphis. The violations were the result of Respondent’s failure to submit a completed Emergency and Hazardous Chemical Inventory Form for sulfuric acid to the State Emergency Response Commission, the Local Emergency Planning Commission, and the fire department with jurisdiction over the facility for calendar years 2003, 2004, and 2005. To resolve this matter, the Respondent agreed to pay a civil penalty of $5,707 to the U.S. Treasury and to complete a supplemental environmental project worth at least $8,400.
Florida - Region 4 Files Consent Agreement and Final Order (CAFO) with Hanson Pipe and Products for Alleged Violations of EPCRA: On May 22, 2007, EPA Region 4 filed a CAFO with Hanson Pipe and Products, resolving alleged violations of Section 313 of EPCRA at the company’s facilities located in Green Cove Springs and Deland. The alleged violations stem from the company’s failure to timely file a toxic chemical release inventory form “R” for xylene, at both facilities. As part of the settlement, Hanson agreed to pay a penalty of $30,020 for the alleged violations.
Georgia - Region 4 Files Consent Agreement and Final Order (CAFO) with Tifton Aluminum Company, Incorporated, for Alleged Violations of EPCRA and CERCLA: On May 22, 2007, EPA Region 4 filed a CAFO with Tifton Aluminum Company, Incorporated, resolving alleged violations of Section 304 of EPCRA and Section 103 of CERCLA at the company’s Tifton facility. The alleged violations stemmed from a July 24, 2006, release of chlorine at the facility, and the company’s failure to timely notify the appropriate emergency management agencies. As part of the settlement, Tifton agreed to pay a penalty of $20,954 for the alleged violations.
Alabama - Region 4 Files Consent Agreement and Final Order (CAFO) with Southeastern Extrusion and Tool, Incorporated, to Resolve Alleged Violations of EPCRA: On March 30, 2007, a CAFO was filed to resolve alleged violations of EPCRA Sections 312 and 313 with Southeastern Extrusion and Tool, Incorporated, in Florence. The violations were the result of Respondent’s failure to submit a Form R for ammonia and methanol to EPA by July 1 of the reporting year for the years 2003 and 2004. Respondent also failed to submit a completed Emergency and Hazardous Chemical Inventory form for ammonia to the State Emergency Response Commission, the Local Emergency Planning Committee and the fire department with jurisdiction over the facility for calendar years 2003, 2004, and 2005. To resolve this matter, the Respondent agreed to pay a civil penalty of $68,995 for the EPCRA violations.
Kentucky - Region 4 Files Consent Agreement and Final Order (CAFO) with Mallinckrodt Baker, Incorporated, to Resolve Alleged Violations of EPCRA and CERCLA: On March 5, 2007, a CAFO was filed to resolve alleged violations of EPCRA Sections 304(a) and (c) and CERCLA Section 103(a) with Mallinckrodt Baker, Incorporated, located in Paris. The violations were the result of Respondent’s failure to immediately notify the National Response Center, the State Emergency Response Commission (SERC) and the Local Emergency Planning Committee (LEPC) as soon as Respondent had knowledge of the release of ammonia in an amount equal to or greater than its reportable quantity. Respondent also failed to submit a follow-up written notice to the SERC and the LEPC in a timely manner for the release. To resolve this matter, the Respondent agreed to pay a penalty of $6,549 for the CERCLA violation and $27,505 for the EPCRA violations.
North Carolina - Region 4 Files Consent Agreement and Final Order (CAFO) with Americh Corporation to Resolve Alleged Violations of EPCRA Section 313: On January 10, 2007, Region 4 filed a CAFO to resolve alleged violations of EPCRA Section 313 with Americh Corporation, located in Charlotte. The violations were the result of Respondent's failure to submit Form R’s for Styrene for the reporting year 2005. To resolve this matter, Respondent agreed to pay a penalty of $7,674.